Parliament, Thursday, 14 September 2017 – Parliament’s Portfolio Committee today concluded its “fruitful” two day public hearings on the Cybercrimes and Cybersecurity Bill.

Committee Chairperson, Dr Mathole Motshekga, said the Committee heard from many stakeholders who are either directly or indirectly affected by this matter. “We feel much more informed now. We heard from different stakeholders that has the interest of all sectors of society at heart.

“This empowers the Committee to deliberate on the Bill with a broader picture in mind. We heard the concerns of the industry but also of those of organisations that has the public interest in mind.”

The objectives of the Bill are, among other things, to deal with cybercrimes and cybersecurity. It also aims to create offences and impose penalties which have a bearing on cybercrime, to criminalise the distribution of data messages which are harmful and to provide for interim protection orders, to further regulate jurisdiction in respect of cybercrimes.

It further aims to regulate the powers to investigate cybercrimes, to further regulate aspects relating to mutual assistance in respect of the investigation of cybercrime, to provide for the establishment of a 24/7 Point of Contact, to impose obligations on electronic communications service providers and financial institutions to assist in the investigation of cybercrimes and to report cybercrimes and to provide that the executive may enter into agreements with foreign states to promote cybersecurity.

The Committee heard in a joint presentation by Cell C, Vodacom and Telkom that South Africa is among the top five countries in the world when it comes to phishing attacks. The Committee heard the country is attacked from outside (meaning from other countries) –which leaves the personal details of ordinary South Africans exposed to criminals.

The Committee also heard concerns regarding identity theft. The Protection of Personal Information Act had loopholes as it currently deals only with the protection of details of living people and exclude instances where the theft of the identity of deceased people. A call was made for this legislation to include these matters at well.

Presenters also cautioned the Committee to carefully consider the cost of the implementation of the Bill. Some cellphone providers indicated that this cost might have to be passed on to consumers. Other inputs included that crimes relating to copyright and to sexual abuse should be left in the legislations where it currently resides.

The South African Banking Risk Information Centre (Sabric) said in its presentation that between January to June 2017 a total of 150 000 digital banking fraud incidents were reported – amounting to R350 million. It said the Bill is a step in the right direction where it criminalises cybercrimes in line with international precedents as it will identify theft-related offences that are currently not covered. It will also aim to regulate powers to investigate cybercrimes.

Dr Motshekga said the Committee will take all the inputs into consideration when it deliberates on the matter.

ISSUED BY PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES, DR MATHOLE MOTSHEKGA

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