LCR4805 Assignment 2 (QUALITY ANSWERS) Semester 2 2024

This document contains workings, explanations and solutions to the LCR4805 Assignment 2 (QUALITY ANSWERS) Semester 2 2024. For assistance whats-app us on 0.6.8..8.1.2..0.9.3.4.. QUESTION 1 A local municipality has been hit by a ransomware attack. The municipality releases the following statement: "City power has been hit by a ransomware virus. It has encrypted all our databases, applications and network. Customers will not be able to visit our website or buy electricity units until our ICT department has sorted out the matter. Customers will be updated when new information becomes available." It seems that an employee inadvertently opened an email which downloaded the ransomware virus onto the network of the municipality. The creators of this ransomware virus demand the payment of R350 000 to provide a password to the municipality which will decrypt the network. (a) Assume the creator of the email is traced and identified as Robert who lives in Port Elizabeth, South Africa. Discuss in detail whether Robert can be charged with any crime(s)? Discuss the legal position both before and after the Cybercrimes Act 19 of 2020 has come into force. Substantiate your answer by referring to legislation, case law and academic commentary: (30) QUESTION 2 Mr and Mrs Naidoo are driving home from a friend's birthday party. It has just clocked 6pm, however it is not dark yet. Mr Naidoo has not switched on his vehicle lights. Mr Naidoo is stopped by traffic officers at a roadblock. One traffic officer tries to solicit a bribe from Mr Naidoo for failure to switch on his vehicle lights. Mr Naidoo refuses, and as a result the traffic officer gives Mr Naidoo a heavy penalty for failure to switch on lights on his vehicle. Mrs Naidoo, who is sitting in the passenger seat, captures the entire incident on video with her cell phone. Mr and Mrs Naidoo lay a charge of corruption at the local police station. Can this cell phone video recording be used as evidence in a court of law? Discuss in detail by referring to applicable law. (20) QUESTION 3 An insurance company (WD) stores its customer files, which contain personal information, on a cloud server provided by a data processing company, TPD: WD and TPD have concluded a contract in terms of which TPD will only process the data on the instructions of WD. At some point in time, the personal information of a large group of customers is made public by a nacker who hacked into the server of TPD. Answer the following questions on this scenario. (a) Identify the responsible party, the operator and the data subject. (3) (b) What is WD and TPD respectively supposed to do after the breach of data that has taken place?