Businesses and other victims of cybercrime could face penalties and fines on top of the costs associated with dealing with breaches.
Ransomware attacks are on the rise in South Africa – and there could be legal consequences for the victims of these attacks if they do not follow the correct procedures.
Hacker groups, however, do not aim to destroy data and function as illegal businesses that try to generate revenue.said that 78% of South African organisations were hit by a ransomware attack last year – far higher than the 66% recorded for global respondents over the same period. Under POPIA, anyone processing personal information in South Africa must implement technical and organisational measures to protect that information.With ransomware attacks on the rise, Lake and Pillay have noted important things businesses that contain someone’s personal information should keep in mind.The experts noted that it is not illegal to pay a ransom; however, businesses must weigh several ethical considerations against making such a payment.
Moreover, due diligence and getting the proper legal advice are key before making such a payment, as a business will not want to create further legal challenges later on.Suppose there are reasonable grounds to suspect a data breach. In that case, a business must notify the Information Regulator and data subjects whose personal information has been affected under POPIA.
Moreover, organisations operating in regulated industries should note any sector-specific legislation, guidelines or codes of conduct which oblige them to notify the regulatory authorities if there has been a material impact on the business. This is especially key for companies in the banking and financial sector.
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