Launching.

This week we launched the ads on the separate platforms!  All of the platforms except for Tiktok only charge if the ad has been approved while Tiktok charges just for submitting the ad.  I am intrigued to see what results come from this and what policy changes will be implemented in the future.  I researched the current framework South Africa has in place which includes the Constitution, the Protection of Personal Information Act, the Electronic Communications and Transactions Act, the Promotion of Access to Information Act, the Regulation of Interception of Communications and Provision of Communication Restated Information Act, the Electronic Communications Act, and the Cybercrimes and Cybersecurity Bill. 

 

The Protection of Personal Information Act has the aim of the protection of personal information by public and private bodies.  The Act regulated the way in which personal information may be processed and used.  This act is similar to the United Kingdom's data protection framework. 

The General Data Protection Regulation 2016/679 (GDPR) was approved by the European Union ("EU") Parliament on 14 April 2016 and commenced on 25 May 2018. The GDPR regulates data protection and privacy in the EU and was designed to establish rules relating to the protection of natural persons regarding the processing of personal data and rules relating to the free movement of personal data and protect fundamental rights and freedoms of natural persons and in particular their right to the protection of personal data.

  

Following the Brexit referendum on 23 June 2016, the United Kingdom updated its data protection regulations to ensure that the standards set out in the GDPR have effect in the United Kingdom by enshrining those standards in the form of the Data Protection Act, 2018 (DPA 2018).  The DPA simply incorporates the GDPR into UK law, repeals and replaces their previous Data Protection Act of 1998, and ensures data protection after Brexit so that the UK can continue to freely exchange personal data with the EU.

 

All in all, the Protection of Personal Information Act in South Africa effectiveness aligns data protection with international standards and upholds the constitutional right to privacy. With the support of complementary legislation such as the Electronic Communications Act, there is potential for these laws to provide stronger protection against the violation of human rights through surveillance advertising that disregards the principles of privacy and human rights. While existing legal frameworks offer some level of accountability for AdTech companies, more focus is needed to address the limitations of current legislation in tackling the broader issues of surveillance advertising that undermines human rights. The comprehensive nature of POPIA and its collaboration with other relevant acts can contribute significantly to safeguarding personal information and combating unethical surveillance advertising practices. Nonetheless, continuous efforts should be made to strengthen these laws and ensure robust protection of individuals' rights in the face of evolving technological advancements.