JOIN OUR WHATSAPP GROUP. CLICK HERE

Which Act is Being Violated When You Post the Private Information of Someone on Social Media?

Which Act is Being Violated When You Post the Private Information of Someone on Social Media? Due to social media’s ability to link people and facilitate information sharing, it has become a crucial component of contemporary society. But using social media also brings up significant legal and ethical problems, particularly when it comes to people’s privacy. In this essay, we’ll talk about exactly which law is broken when someone posts their personal information online.

The Protection of Personal Information Act (POPIA)

The handling of personal information in South Africa is governed under the Protection of Personal Information Act (POPIA). The legislation gives people specific rights in relation to their personal information, including the right to access, the right to privacy, and the right to know what information is being collected.

Any information that can be used to identify a person, such as their name, address, email address, ID number, and other identifying information, is referred to as personal information by POPIA. The act specifies a number of requirements for the lawful processing of personal data, such as getting the agreement of the person whose data is being processed, making sure the data is being collected for a specified purpose, and safeguarding the data from unauthorized access.

Under POPIA, personal information includes, but is not limited to, an individual’s:

Name, contact details, and address
Race, gender, and age
Identity number or passport number
Financial, criminal, or employment history

Without the other person’s permission, someone may be infringing their right to privacy under the POPIA when they share that person’s personal information online. This is especially true if the data was obtained illegally or if it’s being used to harass, discriminate against, or intimidate someone.

Particularly if the material is delicate or personal in nature, posting private information about someone on social media may be against POPIA. Individuals have the power to manage their personal information and choose how it is used and shared under POPIA. It may be against the law to broadcast private information about another person on social media without that person’s permission.

A person may potentially run the danger of injury, harassment, or other undesirable effects if personal information about them is posted on social media. Inappropriate phone calls, visits, or even physical violence could result from sharing someone’s address or phone number on social media, for instance.

Examples of Privacy Rights Violations in South Africa

Celebrity Doxing: In 2021, a South African actress fell victim to doxing when her personal contact information, including her phone number and email address, was shared on social media. This led to the actress receiving numerous unwanted calls and messages, causing distress and compromising her safety.
Workplace Revenge: In another example, an employee who was terminated from their job decided to retaliate by posting their former boss’s personal information on social media. This act resulted in the boss receiving harassing calls and emails from strangers, disrupting their personal and professional life.
Political Agenda: A South African political figure experienced doxing when their home address was shared online during a heated political campaign. As a result, the politician and their family were subjected to harassment and threats, putting their safety at risk.

Cases of Violation of POPIA in South Africa

In a number of instances, people in South Africa were found to have violated POPIA by publishing personal information about another person online. In one instance, a lady exposed her partner’s infidelity by posting a video on social media. She revealed the man’s face and car registration number in the video, which caused him to receive abuse and threats on social media. Later, the woman was accused with breaching POPIA and given a community service punishment.

In a another instance, a man uploaded a video of a police officer receiving a bribe to social media. The officer received threats and insults on social media when the video revealed his face and badge number. Later, the man was charged with breaking POPIA and given a R10,000 fine.

These incidents emphasize the significance of respecting others’ internet privacy and the potential repercussions of disclosing personal information. While social media can be an effective tool for interacting with individuals and exchanging information, it’s crucial to keep in mind the potential consequences of our activities.

Legal Consequences and Remedies

Someone can face serious legal repercussions if their private information is shared online without their consent and in violation of the POPIA. Offenders may be subject to monetary fines up to R10 million, as well as imprisonment for a term not to exceed 10 years, as well as liability for any harm caused by their behavior.

In South Africa, doxing victims have the option of filing a lawsuit to safeguard their right to privacy. They have three options for taking action: they can complain to the Information Regulator, ask for an interdict to stop further disclosure of their information, or bring a legal lawsuit for compensation.

Doxing on social media is a severe problem in South Africa that can lead to the infringement of POPIA-protected privacy rights. Without the victim’s permission, sharing confidential information can have serious repercussions for both parties. Individuals must be aware of their privacy rights, the obligations of people who handle personal information, and any potential legal repercussions of doxing.

Footnotes

It is against POPIA to share someone else’s private information online, and doing so can have serious repercussions for both the person whose information is being published and the person doing the sharing. As we’ve seen in the cases above, breaking the POPIA is punishable by jail time, fines, and community service. By being conscious of our obligations when it comes to disclosing private information on social media, we may contribute to the development of a more secure and civil online community.

Which Act is Being Violated When You Post the Private Information of Someone on Social Media?