scholarly journals Data protection laws and privacy on Facebook

2015 ◽  
Vol 17 (1) ◽  
Author(s):  
Phillip Nyoni ◽  
Mthulisi Velempini
Keyword(s):  
South African ◽  
Business Processes ◽  
Legal Framework ◽  
Point Of View ◽  
North West ◽  
Privacy Threats ◽  
Regulatory Frameworks ◽  
Cyber Crimes ◽  
Laws And Policies ◽  
Legal Frameworks

Background: Social networks have changed the way people communicate. Business processes and social interactions revolve more in the cyber space. However, as these cyber technologies advance, users become more exposed to privacy threats. Regulatory frameworks and legal instruments currently lacking a strong cyber presence are required, for the protection of users. Objectives: There is need to explore and evaluate the extent to which users are exposed to vulnerabilities and threats in the context of the existing protection laws and policies. Furthermore, to investigate how the existing legal instruments can be enhanced to better protect users. Method: This article evaluates and analyses these privacy challenges from a legalistic point of view. The study is focused on the South African Facebook users. Poll information gathered from the profile pages of users at North-West University was analysed. A short survey was also conducted to validate the poll results. Descriptive statistics, including measures of central tendency and measures of spread, have been used to present the data. In addition, a combination of tabulated and graphical description data was also summarised in a meaningful way. Results: The results clearly show that the legal frameworks and laws are still evolving and that they are not adequately drafted to deal with specific cyber violation of privacy. Conclusion: This highlights the need to review legal instruments on a regular basis with wider consultation with users in an endeavour to develop a robust and an enforceable legal framework. A proactive legal framework would be the ideal approach unfortunately; law is reactive to cyber-crimes.

Prevention and Regulation of Cyber-Crimes in the Age of Terrorism

2010 ◽  
pp. 206-217
Author(s):  
S.R. Subramanian
Keyword(s):  
Information Technology ◽  
Policy Instruments ◽  
Legal Framework ◽  
Public And Private ◽  
The Public ◽  
Technology Sector ◽  
Information Infrastructures ◽  
Information Technology Sector ◽  
Cyber Crimes ◽  
Laws And Policies

India is the 12th nation in the world to have a special system of laws addressed to the information technology sector. Besides the general criminal law of the country, the Information Technology Act, 2000 incorporates a special legal framework relating to cyber-crimes. Looking differently, India is also a global hub of information technology and its allied services. Accordingly, the growth and development of the information technology sector and its contribution to national economy is phenomenal. It is in this context, the chapter examines and analyses the Indian ICT laws and policies in the backdrop of cyber-crime prevention and regulation, with the aim of offering a comprehensive model of ICT policy. It will discuss the extent of legal framework in the light of classification and criminalization of various cyber-crimes. Also, while examining the policy instruments, it will bring out the public and private initiatives on protection of information infrastructures, incident and emergency response and the innovative institutions and schemes involved.

Women in Trouble? A Critical Reflection on the Major Hindrances to Addressing Gender Based Violence in South Africa

2021 ◽  
Vol 10 (4) ◽  
pp. 209-225
Author(s):  
Makhura B. Rapanyane
Keyword(s):  
South Africa ◽  
South African ◽  
Point Of View ◽  
Research Approach ◽  
Policy Recommendations ◽  
Gender Based Violence ◽  
Health And Development ◽  
The Will ◽  
Gender Based ◽  
Legal Frameworks

Gender-Based Violence (GBV) is a global phenomenon affecting various countries including South Africa. Contextually, it is any violent act committed against the will of women and girls because of their gender and negatively affects their psychological and physical health and development. In South Africa, statistics are worrisome. It is in this context that this article explores GBV in South Africa from an Afrocentric point of view. It is argued that there are various legal frameworks that were instigated to do away with GBV, although there are still various societal and systemic hindrances to the progressive eradication of GBV in South Africa. The Afrocentric theoretical approach was adopted in this article as the issue at hand is a South African problem. By deploying a qualitative research approach as document analysis, the author provides a comprehensive analysis of the current level of GBV and presents policy recommendations to deal with GBV in South Africa.

scholarly journals Community and National Provisions for Temporary Work Agencies. Trends in the Evolution of Temporary Work Agencies and Temporary Workers

2021 ◽  
Vol 9 (1) ◽  
pp. 62-73
Author(s):  
Maria-Cristina Ichim (Balaneasa)
Keyword(s):  
Labor Market ◽  
Legal Framework ◽  
Point Of View ◽  
Temporary Workers ◽  
Temporary Work ◽  
Labor Flexibility ◽  
Legal Provisions ◽  
Important Player ◽  
Legal Frameworks ◽  
Temporary Work Agencies

The temporary work agent is an important player in the EU labor market from the perspective of labor flexibility. The evolution of the national legal framework on the regulation of the establishment and operation of the temporary work agent in accordance with the European provisions - Directive 2008/104 / EC - is an important issue to consider in this article because the national legal frameworks had to be adapted after 2008 in accordance with the Community law, in order to ensure the protection of temporary workers. Last but not least, the trends on the European labor market are also interesting from the point of view of the employment degree based on the services of temporary work agents. This paper aims to analyze the evolution of the Romanian legal provisions regarding temporary work agencies since the entry into force of the 2003 Labor Code to present day, emphasizing on the debate regarding the licensing, registration and the withdrawal of license procedure for a temporary work agent in our country. At the end of the article, we will present the number of temporary work agencies licensed in Romania, but also the percentage of employees recruited through temporary work agents in EU countries during the period 2011-2020, in order to highlight the degree of use of this type of workforce.

scholarly journals The Framework Convention on Tobacco Control in Slovakia and in Finland: one law, two different practices?

2020 ◽  
Vol 20 (1) ◽  
Author(s):  
Barbara Pavlikova ◽  
Jitse P. van Dijk
Keyword(s):  
Health Promotion ◽  
Tobacco Control ◽  
Monitoring System ◽  
Control Policy ◽  
Tobacco Consumption ◽  
Legal Framework ◽  
Current Data ◽  
European Standards ◽  
Laws And Policies ◽  
Legal Frameworks

Abstract Background The Framework Convention on Tobacco Control (FCTC) was ratified in 2004 in Slovakia and in 2005 in Finland. The aim of this study was to compare the implementation of the FCTC in the national laws and policies regarding smoking in Finland and Slovakia. Methods In this case study the following areas are compared: the legal framework; the monitoring system and health promotion; treatment; and policies aimed at reducing tobacco consumption. We report on these in this order after a short historical introduction. Results The legal frameworks are similar in Slovakia and in Finland. Finland far exceeds the minimum legal requirements. Slovakian regulations reflect the FCTC requirements; however, social tolerance is very high. In Finland the monitoring system and health promotion are aimed more at tobacco consumption. Slovakia does not follow the surveillance plans recommended by WHO so strictly; often there are no current data available. No additional documents regarding the FCTC have been adopted in Slovakia. The financial contribution to treatment is very low. Slovakian tobacco control policy is more focused on repression than on prevention, in contrast to Finland. Smoking bans meet European standards. Excise duties rise regularly in both countries. Conclusion Implementation of the FCTC is at different levels in the compared countries. Finland has a clear plan for achieving the goal of a smoking-free country. Slovakia meets only the minimum standard required for fulfillment of its international obligations. Its policy should become more transparent by making more up-to-date data available.

Cyber crimes in the banking sector: Case study of Vietnam

2020 ◽  
Vol 6 (05) ◽  
Author(s):  
LE Thanh Tam ◽  
Nguyen Minh Chau ◽  
Pham Ngoc Mai ◽  
Ngo Ha Phuong ◽  
Vu Khanh Huyen Tran
Keyword(s):  
Financial Literacy ◽  
Commercial Banks ◽  
Banking Sector ◽  
Secondary Data ◽  
Legal Framework ◽  
Economic Sectors ◽  
Technological Revolution ◽  
Survey Results ◽  
Cyber Crimes

The technological revolution 4.0 brings great opportunities, but also cybercrimes to economic sectors, especially to banks. Using secondary data and survey results of 305 bank clients, the main findings of this paper are: (i) there are several types of cybercrimes in the banking sector; (ii) Vietnam is one of the top countries worldwide having hackers and being attacked by hackers, especially the banking sector. Three most common attacks are skimming, hacking and phishing. Number of cybercrime attacks in Vietnam are increasing rapidly over years; (iii) Vietnamese customers are very vulnerable to cybercrime in banking, as more than 58% seem to hear about cybercrimes, and how banks provide services to let them know about their transactions. However, more than 50% do not have any deep knowledge or any measures for preventing cybercrime; (iii) Customers believe in banks, but do not think that banks can deal with cybercrime issues well. They still feel traditional transactions are more secure than e-transactions; (iv) the reasons for high cybercrimes come from commercial banks (low management and human capacity), supporting environment (inadequate), legal framework (not yet strong and strict enough on cybercrimes), and clients (low level of financial literacy). Therefore, several solutions should be carried out, from all stakeholders, for improving the cybersecurity in Vietnamese banks. 

SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE

2014 ◽  
Vol 1 (1) ◽  
pp. 48-67
Author(s):  
Vinesh M Basdeo ◽  
Moses Montesh ◽  
Bernard Khotso Lekubu
Keyword(s):  
Law Enforcement ◽  
South African ◽  
Legal System ◽  
Criminal Procedure ◽  
Integrated Approach ◽  
Physical World ◽  
Legal Framework ◽  
Time Zone ◽  
Legal Sanctions ◽  
Domestic Affairs

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.

Forensic Evidence in Proving Crimes: Exploring the Legal Frameworks of Sharīʿah Bukti Forensik Bagi Membuktikan Jenayah: Menerokai Rangka Kerja Guaman Sharīʿah

2016 ◽  
Vol 13 (1) ◽  
pp. 220-247
Author(s):  
Sayyid Mohammad Yunus Gilani ◽  
K. M. Zakir Hossain Shalim
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Common Law ◽  
Legal Framework ◽  
New Method ◽  
Criminal Investigation ◽  
Forensic Evidence ◽  
Administration Of Justice ◽  
Legal Frameworks

AbstractForensic evidence is an evolving science in the field of criminal investigation and prosecutions. It has been widely used in the administration of justice in the courts and the Western legal system, particularly in common law. To accommodate this new method of evidence in Islamic law, this article firstly, conceptualizes forensic evidence in Islamic law.  Secondly, explores legal frameworks for its adoption in Islamic law. Keywords: Forensic Evidence, legal framework, Criminal Investigation, Sharīʿah.AbstrakBukti forensik adalah sains yang sentiasa berkembang dalam bidang siasatan jenayah dan pendakwaan. Ia telah digunakan secara meluas dalam pentadbiran keadilan di mahkamah dan sistem undang-undang Barat, terutamanya dalam undang-undang common (common law). Untuk menampung kaedah pembuktian baru ini dalam undang-undang Islam, artikel ini, pertamanya, konseptualisasikan bukti forensik dalam undang-undang Islam. Kedua, ia menerokai rangka kerja undang-undang untuk penerimaannya dalam undang-undang Islam.Kata Kunci: Bukti Forensik, Rangka Kerja Guaman, Siasatan Jenayah, Sharīʿah.

scholarly journals The Social Patterns of Age Discrimination: An Analysis of the Macro-Perspective-Interpretations

2020 ◽  
Vol 4 (Supplement_1) ◽  
pp. 327-327
Author(s):  
Stefan Hopf
Keyword(s):  
Age Discrimination ◽  
Point Of View ◽  
Social Discourse ◽  
Structured Interviews ◽  
Social Patterns ◽  
Equal Importance ◽  
The Social ◽  
Legal Frameworks ◽  
Implicit And Explicit ◽  
Interpretation Patterns

Abstract Modern societies can be regarded as service economies, consequently accessing services is an essential part of social and economic participation. Direct and indirect indiscrimination act as barriers to accessing and using services and one way to address these barriers is to implement anti-discrimination legislation and policy. From a sociological point of view, such policies and legal frameworks can be described as elements of the social discourse in these areas. These texts, along with their implicit and explicit interpretations of the problem, represent the official and legitimised stake of the socially available stock of knowledge of what constitutes age discrimination. Hence the shape and contribute to the general understanding of age discrimination. The study aims to investigate the interpretation patterns offered by the “supply” side, that is by those actors who in their work refer to but also (re-) shape and disseminate the problem interpretation contained in the official texts. To address this aim, focus groups with stakeholders and semi-structured interviews with legal and policy experts were conducted in Austria and Ireland. The findings highlight that experts and stakeholders’ definitions of age discrimination usually extend past legal and policy concepts. The expert and stakeholder approaches differ in their starting points for describing the problem, ranging from vulnerability considerations to human rights-based concepts and more structurally orientated needs-based criteria. Finally, the analysis also reveals a central distinguishing feature of age discrimination, namely the “de-temporalization” and “de-historicization” of the person, which is of equal importance as the de-individualization as a consequence of stereotyping

Systemic School Improvement Interventions in South Africa

2014 ◽  
Keyword(s):  
School Improvement ◽  
South African ◽  
Rural Areas ◽  
Eastern Cape ◽  
North West ◽  
Household Level ◽  
The North ◽  
Improvement Interventions ◽  
Academic Review

Looking at two smaller-scale systemic school improvement projects implemented in selected district circuits in the North West and Eastern Cape by partnerships between government, JET Education Services, and private sector organisations, this book captures and reflects on the experiences of the practitioners involved. The Systemic School Improvement Model developed by JET to address an identified range of interconnected challenges at district, school, classroom and household level, is made up of seven components. In reflecting on what worked and what did not in the implementation of these different components, the different chapters set out some of the practical lessons learnt, which could be used to improve the design and implementation of similar education improvement projects. Many of the lessons in this field that remain under-recorded to date relate to the step-by-step processes followed, the relationship dynamics encountered at different levels of the education system, and the local realities confronting schools and districts in South Africa's rural areas. Drawing on field data that is often not available to researchers, the book endeavours to address this gap and record these lessons. It is not intended to provide an academic review of the systemic school improvement projects. It is presented rather to offer other development practitioners working to improve the quality of education in South African schools, an understanding of some of the real practical and logistical challenges that arise and how these may be resolved to take further school improvement projects forward at a wider district, provincial and national scale.

Bona fides and ubuntu – A response to Dale Hutchison

Acta Juridica ◽  
2021 ◽  
Vol 2021 ◽  
pp. 85-106
Author(s):  
J Barnard-Naudé
Keyword(s):  
South African ◽  
Common Law ◽  
Standard Form ◽  
Contract Law ◽  
Law School ◽  
Point Of View ◽  
Long Time ◽  
School Faculty ◽  
The Common ◽  
Faculty Meeting

This paper is a response to Dale Hutchison’s recent arguments about the role of fairness in contract law after the Constitution. From the point of view of transformative constitutionalism, the paper argues that the fairness ‘debate’ in the South African law of contract should be approached as what it so patently is, namely, as evidence of a deep ideological conflict that has existed in our law of contract for a very long time, and that this debate now exists within the context of a larger debate about the appropriate transformative reach of the Constitution. The argument takes the form of two ‘dangerous supplements’ to Hutchison’s discourse. The first of these supplements contends that indeterminacy is a symptom of the common law itself, rather than a result of contract law’s contact with the Constitution. The second dangerous supplement suggests a responsible judicial engagement with bona fides and ubuntu, one that can exploit the strengths of both the common law and the Constitution and that understands good faith and ubuntu to be ‘inter-linking’ constitutional values that should be enlisted in unison or at least in resonance when it comes to the question of fairness in our contemporary law of contract. In conclusion, I offer a reading of Hutchison’s own politics of contract law and contend that his is an altruistic politics committed to the standard form. I contend that this politics of contract law is consistent with a transformative understanding of the post-apartheid legal order. ‘Law, like every other cultural institution, is a place where we tell one another stories about our relationships with ourselves, one another, and authority. In this, law is no different from the Boston Globe, the CBS evening news, Mother Jones, or a law school faculty meeting. When we tell one another stories, we use languages and themes that different pieces of the culture make available to us, and that limit the stories we can tell. Since our stories influence how we imagine, as well as how we describe, our relationships, our stories also limit who we can be’.

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