Privacy
The Protection of Personal Information Bill
Discussion of Information Protection Principles – Principle 3: Purpose Specification
Previous issues of Don’t Trip Up included overviews of the Protection of Personal Information Bill (“Bill”) and the first two principles of “Accountability” and “Processing Limitation”. This month we will discuss the third principle, namely “Purpose Specification”.
Protection of State Information
The Protection of Information Bill, 2009 (the “PI Bill”) should be distinguished from the Protection of Personal Information Bill ( the “PPI Bill”) in that the PI Bill deals with the treatment of State information whereas the PPI Bill deals with the use and treatment of personal information.
The PI Bill sets out procedures on how classified documents are to be handled during court proceedings, and requires that courts prevent the public disclosure of classified documents that form part of court records.
Competition Act
SAA applies for leniency
In December 2009, SAA applied to the Competition Commission for leniency under the Commission’s Corporate Leniency Policy (“CLP”), which seeks to facilitate the process through which self-confessing cartel members may (and are encouraged to) disclose information on cartel conduct in return for immunity from prosecution. SAA has denied its involvement in fixing prices and pricing strategies during the World Cup.
Environmental
Environmental Proposals for 2010
Following from the previous Minister of Finance, Mr. Trevor Manuel’s 2009 Budget Speech, environmental fiscal reform was again highlighted in the 2010 Budget Speech by the current Minister of Finance, Mr. Pravin Gordhan. This time in the form of a carbon dioxide vehicle emissions tax.
The February 2010 Budget Speech introduced a carbon dioxide vehicle emission tax, to be implemented from 1 September 2010 instead of the ad valorem tax previously announced in the 2009 Budget Speech, which would have come into effect on 1 March 2010.
The effect of this tax may be illustrated utilising the example of a new passenger car emitting 200 g/km of carbon dioxide. Since the new tax kicks in at emissions above a 120 g/km threshold, this vehicle will be taxed on the 80 g/km emitted above this threshold. Therefore, at the suggested flat rate of R75 per g/km, such a vehicle will attract additional tax of R6000.00.
Environmental Fiscal reform
It is proposed that during the first half of 2010 a discussion document exploring the feasibility of a more comprehensive carbon tax will be published for comment. A discussion document on the possible scope and administrative feasibility of emissions trading in South Africa will be released for comment towards the end of 2010. Other types of environmental taxes will be investigated such as waste water discharge levy, pollutions charges, levies on the waste streams of various products, a land fill tax and traffic congestion charges.
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