Assignment 2 Semester 1 2026
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Due Date: April 2026
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, QUESTION 1
1. APPLICABLE LEGISLATION
The main legislation that applies is the Electronic Communications and Transactions
Act 25 of 2002 and the Protection of Personal Information Act 4 of 2013. In addition,
common law crimes such as extortion and fraud remain relevant.
The ECT Act creates specific cyber offences relating to unauthorised access,
interference with data, and cyber extortion. The POPI Act regulates how personal
information must be processed and protects data subjects from misuse of their
information. Both statutes operate alongside common law principles.
2. POSSIBLE CRIMINAL OFFENCES
2.1 Unauthorised access to data
Section 86(1) of the ECT Act criminalises intentional access to data without
authority. X downloaded confidential client data for personal purposes. Even if he
initially had authorised access as an employee, his later use for personal gain makes
the conduct unlawful.1 The principle is that once a person realises that access is no
longer authorised and continues using the data, an offence is committed.
2.2 Unlawful interference with data
Section 86(2) prohibits intentional interference with data in a manner that makes it
ineffective or misused. Although X may not have destroyed the data, copying and
removing it from secure systems compromises its integrity and security. This can
qualify as unlawful interference.2
2.3 Possession and misuse of data for unlawful purposes
1
Electronic Communications and Transactions Act 25 of 2002 s 86(1).
2
Electronic Communications and Transactions Act 25 of 2002 s 86(2).
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