The High Court considered whether surveillance evidence collected without consent was admissible under the Protection of Personal Information Act (POPIA). The case clarifies when personal information, including special personal information like health data, may be processed and used in legal [...]
The Court of Justice of the European Union (CJEU) issued a landmark SCHUFA case or judgement (OQ v Land Hessen) on automated decision-making (ADM) and EU data protection about credit scoring. On 7 December 2023, it ruled that companies may [...]
Munetsi v Madhuyu and Another involves the disclosure of personal information on social media without consent. The applicant sued the respondents to stop sharing his personal information online. He also requested a public apology and punitive costs. The court ordered [...]
Authors Guild sues OpenAI and Microsoft for copyright infringement for using seventeen authors' works to train their AI-based models. Who should care about this case and why? The Authors Guild sues Open AI in a class action. This is a [...]
This case highlights the importance of verifying banking details before making electronic payments, especially when receiving a change of instructions. Who should care about this judgment and why? Essentially all businesses face the threat of business email compromise. This judgment provides [...]
In Edward Nathan Sonnenbergs(ENS) v Hawarden, ENS appealed the judgment handed down in Hawarden v Edward Nathan Sonnenbergs. The Supreme Court of Appeal (SCA) upheld the appeal and dismissed the original order from the high court. Hawarden may appeal this [...]
On April 29 2024, the activist group None of Your Business (NOYB) filed a complaint against OpenAI with the Austrian data protection authority (DSB). The complaint alleged that the processing of personal information by OpenAI, through its AI model ChatGPT, [...]
In Nkosi v Johannesburg Municipality, Nkosi requested access to the job evaluation and re-grading records in terms of PAIA. The Johannesburg Municipality refused their request. Who should care about this judgment and why? Employees and workers' trade unions because you [...]
In ED Food v Africa's Best Foods, the court examined the legality of commissioning affidavits electronically, such as through video conference calls. It found that online commissioning is valid and stressed substantial compliance with regulations. The short answer is yes, [...]
In Ndudane v Financial Intelligence Centre (FIC), applicants sought access to confidential information held by the FIC under the Financial Intelligence Centre Act, 2001 (FICA), regarding the termination of their banking services by several major banks in South Africa. The [...]
In Afriforum v Eskom, the parties had a dispute when Eskom refused to grant Afriforum access, under PAIA, to various contracts related to coal and diesel procurement, as well as contracts with neighbouring countries for electricity provision. Who should care [...]
Makunga sued Barlequins Beleggings t/a Indigo Spur for damages arising from a breach of contract. This is a good example of AI in court proceedings. Makunga represented himself and successfully used generative AI and Google to draft his heads of [...]
