LCR4805 PORTFOLIO MEMO - OCT./NOV. 2024 - SEMESTER 2 - UNISA - DUE DATE :- 21 OCTOBER 2024 - (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)

LCR4805 PORTFOLIO MEMO - OCT./NOV. 2024 - SEMESTER 2 - UNISA - DUE DATE :- 21 OCTOBER 2024 - (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) QUESTION 1 NOTE THE CHOICE THAT YOU HAVE IN THIS QUESTION (Please note that you have a CHOICE between Question 1.1 and Question 1.2. In other words, you can do either Question 1.1 OR 1.2. Do not answer both.) 1.1 Aaron, a final year university student studying journalism, is doing his internship at Sunshine Newspaper in Pretoria. The editor of the newspaper, John, requests Aaron to research and write an article on mental health problems in South Africa. Aaron visits a mental health facility called Hope Facility which houses individuals who suffer from different mental health problems. Aaron interviews one of the managers, Rodger, at the facility and is provided with information regarding the race, gender, type of mental health problem, family history etc, of the patients. Aaron informs Rodger that the interview is for educational purposes. Aaron is given permission to see and talk to a few patients. Thereafter he concludes his visit and leaves the facility. Aaron writes a report and includes all the personal information of the patients at this facility and the contents of his conversations with the patients. John, the editor of the newspaper, is impressed with the article, and he decides to publish this article in the Sunshine Newspaper. (a) Can the above scenario be regarded as processing of personal information in terms of the Protection of Personal Information Act (POPI), Act 4 of 2013? If it is, can it be regarded as lawful processing of personal information? Discuss by referring to the POPI Acts’ definition of “processing of personal information”. (10) (b) Would your answer in a) above change if Aaron collected and retained the information from the mental facility without publishing the information in Sunshine Newspaper? Substantiate your answer with reference to the applicable provisions of the POPI Act. (7) (c) Briefly explain what a data subject, operator and responsible party in terms of the POPI Act are. In your answer you are expected to identify from the above scenario the data subject, operator and responsible party. (8) (d) What are the rights of the patients in terms of the POPI Act? (5) [30] Your answer should not exceed 1500 words, which is about three typed pages. Note that direct copying and pasting from sources will not be marked, and full references in the Unisa required OSCOLA style should be included. OR 8 LCR4805 October/November 2024 [TURN OVER] 1.2 Section 39(1) (b) of the South African Constitution, 1996 gives recognition to international law. You are required to identify and critically discuss some of the international instruments dealing with data protection. In your answer, you are expected to indicate in which cases South Africa is a signatory state to an international instrument and how these international instruments have influenced the development of the Protection of Personal Information Act (POPI) 4 of 2013 in South Africa. Your answer should not exceed 1500 words, which is about three typed pages. Note that direct copying and pasting from sources will not be marked, and full references in the Unisa required OSCOLA style should be included. [30] QUESTION 2 Cyberstar is a credit bureau registered with the National Credit Regulator. Cyberstar suffered a data breach that exposed the personal information of more than 7 million South Africans, both natural and juristic persons. A week after the data breach, some of the data was compromised and leaked on the internet. As a result of this, Cyberstar is fined 5 million rands by the National Credit Regulator for this unlawful conduct. Cyberstar suffers financial harm and reputational damage because of the data breach. Upon investigations by the management of Cyberstar it is discovered that Johnson and Ted, who are employees of Cyberstar, working in the IT department, downloaded the consumer and business information and leaked it to the internet and thereafter sold the information on a dark web marketplace. Discuss the crime(s) that Johnson and Ted may be charged with. Refer to the position before and after the Cybercrimes Act 19 of 2020 came into force. Substantiate your answer by referring to applicable legislation, case law and academic commentary. Your answer should not exceed 1500 words, which is about three typed pages. Note that direct copying and pasting from sources will not be marked, and full references in the Unisa required OSCOLA style should be included. [20] QUESTION 3 With reference to prescribed resources, recommended resources, and your independent research answer the following: (a) Discuss whether computer printouts can be classified as real or documentary evidence. (5) (b) Discuss whether communications on social media can be admissible evidence in court. (5) (c) Discuss whether an email may be considered to be a valid electronic signature. (5) (d) Discuss whether an electronic signature serves as admissible authentication of the author of its contents. (5) Do not merely cite the sections verbatim from the applicable legal provisions. A critical analysis and discussion of the applicable legal provisions and case law are required. Your answer should not exceed 1500 words, which is about three typed pages. Note that direct copying and pasting from sources will not be marked, and full references in the Unisa required OSCOLA style should be included. [20] 9 LCR4805 October/November 2024 [TURN OVER] QUESTION 4 James, who is an avid Muslim, believer has been served with divorce papers from his wife Betty. James and Betty’s marriage has irretrievably broken down because of a clash of religious beliefs and Betty having an extra marital affair with Robert. James, out of anger, makes the following Facebook post: “Finally getting a divorce from this fat pig. Soon I will be free and ready to mingle”. Betty sees the post and responds on the post as follows: “The feeling is mutual mate. Now I can focus on my own religion and not be forced to change my religion #muslims must fall”. She thereafter tags her boyfriend Robert, her sisters and a few friends to her post. This Facebook post receives a lot of negative comments about the Islamic, religion and most of these comments are very derogatory. (a) With reference to applicable legislation, case law and academic commentary, critically discuss the liability of James, Betty, Robert, Betty’s sisters and friends to a claim of hate speech. (20) (b) How will the Prevention and Combating of Hate Crimes and Hate Speech Act, 16 of 2023, once it comes into operation, change this position, if at all. Substantiate your answer with applicable law. (10) Your answer should not exceed 1500 words, which is about three typed pages. Note that direct copying and pasting from sources will not be marked, and full references in the Unisa required OSCOLA style should be included. [30] TOTAL: [100]