The regulation and enforcement of consumer privacy in the digital age in South Africa

Abstract

This study examines the strengths and weaknesses of South Africa’s legal framework for consumer privacy, focusing on the Constitution, the Electronic Communications and Transactions Act, the Consumer Protection Act, and the Protection of Personal Information Act. Key challenges identified include low administrative fines, the absence of AI-specific legislation, a lack of a clear breach notification period, no requirement for locally based Information Officers, and the Information Regulator’s inability to award damages directly to consumers. Through a comparative analysis of the EU and Indian privacy frameworks, the study proposes reforms to enhance South Africa’s alignment with global privacy standards and improve the enforcement of consumer privacy rights in the digital age.