serving "die Moot"
GP Bouwer Attorneys is a specialised ICT Law Firm advising on all things Cyber Law and providing general legal advice to the Pretoria “Moot” community.
CYBER BULLYING
the United Nations Children's Fund (UNICEF) defines cyberbullying as follows: "Bullying on social media, messaging platforms, gaming platforms and mobile phones. It is repeated behaviour, aimed at scaring, angering or shaming those who are targeted.
GP Bouwer attorneys follows a holistic legal approach whereby a team of professionals deals with cyberbullying as a whole. We work closely with a clinical psychologist and all relevant role players to find the best possible legal solutions . After thoughtful engagement the best solutions are sought through engagement, mediation and where necessary litigation.
The Law of AIR
Artificial Intelligence Is Starting To Govern Our Daily Lives In A Profound But Invisible Manner. Legal Rights Apply To This New Reality And Subsequently Has Given Birth To The Law Of Artificial Intelligence And Robotics.
"We chose to accept the reality we live in as much as we have created it" GP
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Your right to privacy, is protected by law. legislation such as the General Data Protection Regulation (EU GDPR) and Protection of Personal Information Act (POPI Act) - POPIA, has been enacted globally and in South Africa to protect your right to privacy as a data subject.
The interpretation of the GDPR and POPIA can be manipulated by institutions to promote their interests to the determent of data subjects.
GP Bouwer attorneys can assist individuals and institutions with regards to data privacy breaches and the correct legal interpretation of the GDPR and POPIA.
STRICT LIABILITY!?
Yip. Strict liability applies to a responsible party in cases of a data breach in terms of Section 99 (1) of POPIA.
This means a responsible party is held liable for data breaches regardless their intent or negligence: Five possible defences are created by Section 99: (1) Vis major; (2) consent of the plaintiff; (3) fault on the part of the plaintiff; (4) compliance was not reasonably practicable in the circumstances of the particular case; or (5 the Regulator has granted an exemption in terms of section 37.
At first glance it seems that responsible parties have drawn the short straw. However the defence of "compliance was not reasonably practicable in the circumstances of the particular case" and "Vis major" should bring relief in context to responsible parties who applied the necessary due diligence in safeguarding a data subjects information.
Search and seizure
The unlawful execution of a search and seizure warrant is commonly mistaken and or grouped together with the unlawful issuing of a search and seizure warrant. Different legal rules and procedures apply with regards the issuing and subsequent execution of a search and seizure warrant.
GP Bouwer attorneys are experts in the analysis and identification of what procedure in law was not applied correctly and consequently on what basis an illegal search and seizure warrant must be challenged on.
Digital human rights
Human rights online is best described in; "The Resolution on the right to freedom of information and expression on the internet in Africa" (ACHPR), UN Human Rights Council "The promotion, protection and enjoyment of human rights on the Internet" and the "International Covenant on Civil and Political Rights" (ICCPR).
The basic human rights as described in the Charter of the United Nations and the Universal Declaration of Human Rights, have now become human rights on a digital platform. These rights are; the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education to name a few. Digital rights specifically speaks to the need to be free in ones believes and lifestyle in a new digital era.
Diversity defines us. Human rights defines the framework in which diversity can function. It is more often than not a balancing act between adverse beliefs.
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There is no more a fitting metaphor than Pandoras Jar in describing the entry of AI into our society. Pandoras “box” is a historical mistranslation , a inaccuracy. The true description of the container is “jar”. The application of AI/ML in financial crime compliance according to Wolfsburg’s 5 principles demands legitimacy in purpose and integrity of data outputs. It is therefore apt that Pandoras container of doom be accurately referred to.
