The Open Society Foundation for South Africa (OFS-SA) provided funding to the MPDP for a year-long research project of the state of communications surveillance in South Africa. The purpose of the project was to investigate whether South Africa’s surveillance laws, policies and practices were in line with international human rights principles. We were particularly keen to establish if they conformed to a set of principles drafted by international civil society organisations, called ‘The international principles on the application of human rights principles to communications surveillance’, or ‘The Necessary and Proportionate Principles’, which are available here.
The research will be used by civil society, unions and social movements to campaign for changes to laws and policies governing communications surveillance where necessary, to ensure that these secretive areas of the state are transparent and accountable.
The research includes two papers by Admire Mare: one assessing South Africa’s communications law and policy and the extent to which it measures up to the ‘Necessary and Proportionate Principles’, and one on how journalists, academics, lawyers and civic activists are adapting to and resisting communications surveillance, or the threat of it. These papers were used as a basis for the development of a handbook, for public awareness and advocacy purposes, drafted by Dale McKinley. The MPDP also commissioned Heidi Swart to undertake investigative journalism on communications surveillance in South Africa.
The papers are available here:
The research will be used by civil society, unions and social movements to campaign for changes to laws and policies governing communications surveillance where necessary, to ensure that these secretive areas of the state are transparent and accountable.
The research includes two papers by Admire Mare: one assessing South Africa’s communications law and policy and the extent to which it measures up to the ‘Necessary and Proportionate Principles’, and one on how journalists, academics, lawyers and civic activists are adapting to and resisting communications surveillance, or the threat of it. These papers were used as a basis for the development of a handbook, for public awareness and advocacy purposes, drafted by Dale McKinley. The MPDP also commissioned Heidi Swart to undertake investigative journalism on communications surveillance in South Africa.
The papers are available here:
Heidi Swart, 'Communications surveillance by the South African Intelligence Services'.
| comms-surveillance-nia-swart_feb2016.pdf |
Admire Mare, ‘An analysis of the communications surveillance legislative framework in South Africa’.
| comms-surveillance-framework_mare2.pdf |
Admire Mare, ‘A qualitative analysis of how investigative journalists, civic activists, lawyers and academics are adapting to and resisting communications surveillance in South Africa’.
| duncan_2_comm_surveillance.pdf |
The handbook is available here:
Dale McKinley, ‘The surveillance state: communications surveillance and privacy in South Africa’.
Dale McKinley, ‘The surveillance state: communications surveillance and privacy in South Africa’.
| sa_surveillancestate-web.pdf |
Privacy International: State of Privacy in South Africa
The State of Privacy and Surveillance in South Africa report is the result of an ongoing collaboration between Privacy International, the Right2Know Campaign and the Media Policy and Democracy Project.
The full report is available here
New Terrains of Privacy in South Africa: Biometrics/Smart Identification Systems, CCTV/ALPR, Drones, Mandatory SIM Card Registration and Fica
Author: Dr Dale T. McKinley
This monograph was produced as part of a collaborative research project between the Right2Know Campaign and the Media Policy and Democracy Project.
Read more and download the full report here.
The journalism is available here:
Heidi Swart, 'Social media surveillance may not just be urban legend', Daily Maverick, 20 October 2017: click here
Heidi Swart, 'Cellphone privacy: law enforcement pulls 70,000 subscribers' call records each year - and that's a minimum estimate', Daily Maverick, 23 August 2017: click here
Jane Duncan, 'Op-Ed: How state spying enables state capture', Daily Maverick, 17 August 2017: click here
Heidi Swart, 'Op-Ed: Big Brother is watching your phone call records', Daily Maverick, 10 May 2017: click here
Dale McKinley, 'Op-Ed: Is our privacy all but gone?', Daily Maverick, 30 January 2017: click here
Heidi Swart, ‘Big Brother is listening – on your phone’, Mail & Guardian, 13 November 2015: click here
Heidi Swart, ‘How cops and crooks can “grab” your cellphone – and you', Mail & Guardian, 27 November 2015: click here
Heidi Swart, ‘Say nothing – the spooks are listening’, Mail & Guardian, 18 December 2015: click here
Jane Duncan, 'Reports of the death of communications privacy are greatly exaggerated', Daily Maverick, 20 April 2016: click here
Heidi Swart, 'You always feel like somebody's watching you? They probably are', Daily Maverick, 03 June 2016: click here
Heidi Swart, 'Missed call: Rica registration 'useless' for crime prevention purposes', Daily Maverick, 10 November 2016: click here