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Abstract
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.
Highlights
The content of Web 2.0 is largely user generated and site owners and operators are not fully in control of the content rendered by their sites (Mansfield-Devine 2008)
Highlights from the findings show that users still post sensitive personal information on their profiles that can be used to track their movements, location and activities by interested parties
The new Act is likely to face a number of challenges since many Internet-based companies operate outside the jurisdiction of South Africa
Summary
The content of Web 2.0 is largely user generated and site owners and operators are not fully in control of the content rendered by their sites (Mansfield-Devine 2008). Facebook alone has grown to 1.28 billion users who spend a considerable time on social networks each day (Digital Insights 2014) These sites are part of the larger trend of websites whose content is user generated. The PoPI seeks to give effect to the right to privacy as explained in the Constitution by introducing measures to http://www.sajim.co.za make sure that all organisations working within South Africa process personal information in a fair, responsible and secure manner (Ministry of Justice and Constitutional Development 2013). It requires that personal information be processed in line with the following guidelines: 1. The Act seeks to protect privacy by: 1. Protecting personal information processed by public and private bodies
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