An Analysis of the Regulation and Use of Data Protection Measures in the Context of the Fourth Industrial Revolution in South Africa

The proliferation of new technologies during the fourth industrial revolution (4IR) has given rise to the misuse of data and the commission of cybercrimes in many countries, including South Africa. Accordingly, measures that are aimed at regulating and/or safeguarding data should be carefully employed to protect individuals from the misuse of data by unscrupulous persons. This article discusses the basic tenets of data governance and data regulation during the fourth industrial revolution under the relevant South African data laws. Furthermore, the risks associated with the use of data in various organisations and the information and communication technology (ICT) sector are examined. This is done to highlight the need for robust data governance through adequate data laws that provide sufficient regulatory measures and guidelines to curb the misuse and unlawful use of data in South Africa. The provision and regulation of data governance measures under the Electronic Communications and Transactions Act 25 of 2002, the Promotion of Access to Information Act 2 of 2000, the Consumer Protection Act 68 of 2008, the Protection of Personal Information Act 4 of 2013 and the Cybercrime Act 19 of 2020 are analysed to determine their adequacy.