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PoPI Act vs Cloud

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As companies begin to move more and more data to the cloud, GRAHAM CROOCK, Director: IT audit, risk and cyber lab at BDO SA, asks what it means for data sensitivity and customer protection?

Fundamentally, the power of computing is moving to the cloud. Powerful, bulky machines will be rendered unnecessary as data starts getting accessed through the even more powerful infrastructure built around the incredible processing power that now lives on the cloud. More and more companies are moving their data to the cloud, as well as government agencies and institutions. But what does this mean for data sensitivity and customer protection?

Many businesses are reluctant to move their essential data to the cloud, which is becoming more and more accessible as technology converges, and companies run the risk of being left behind by their competitors. However, company leaders want guarantees that their cloud service provider cannot, for example, be targeted by terrorist groups or rival organisations.

So the question is, how do we deal with disaster recovery if cybercriminals attack or shut down one of the big data center servers that houses companies’ invaluable data? Can companies really be sure that they have efficient redundancy built into the business? Companies need to cover all their bases when looking to migrate their data onto the cloud. Demands such as zero% downtime and ad hoc changes to the architecture of the cloud infrastructure are conversations that need to be had by cloud servers and companies. It will be the tech savvy and innovative companies that will lead the pack, ensuring that they have a solid service level agreement (SLA) in place that protects themselves, their clients, and is in accordance to legislation.

But realistically speaking, the law is not keeping up. What are the penalties for companies losing vital data? Who will be held accountable should things go wrong? How will the client or company be compensated? These questions are still not properly addressed by South African legislation, and lawyers need to become tech savvy in this new era, to ensure that SLAs are ironclad. This is where the PoPI Act comes into play.

The purpose of the PoPI Act is to ensure that South African companies conduct the requirements of the act responsibly when it comes to collecting, processing, storing and sharing personal information of another body or individual by holding them accountable should they compromise a third party’s personal information. Within the PoPI Act, certain rights of protection are awarded to third parties who share their personal information with organisations. Some of these include:

  1. Consent as to when and how one chooses to share their information
  2. The type and extent of information one choose to share
  3. Transparency on how one’s data will be used
  4. Immediate notification should one’s data is compromised
  5. Allowing one to have access to their own information, and do with it as they pleas
  6. The prevention of unauthorised people accessing one’s information
  7. How and where one’s information is stored
  8. The accuracy of one’s information

The seventh point highlights the challenge that companies storing information on a cloud have. More often than not, organisations don’t actually know where the cloud is and who has access to this information.

It is important to note that while consumers now have more rights and protection, companies are also considered responsible parties and have the same obligation to protect other parties’ personal information. This includes all stakeholders such as employees, suppliers, vendors and even service providers. But in today’s day and age, people freely disseminate personal information about themselves on the internet, and it is important to remember that the PoPI Act cannot protect you if you do not protect yourself. The onus is on everyone handling delicate data to treat it as such.

When it comes to hiring a cloud server for your delicate information, ensure to chat to your risk advisor or specialist companies like BDO that will ensure that your migration is smooth and secure, and of course, that your cloud service provider is compliant to the PoPI Act.

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VoD cuts the cord in SA

Some 20% of South Africans who sign up for a subscription video on demand (SVOD) service such as Netflix or Showmax do so with the intention of cancelling their pay television subscription.

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That’s according to GfK’s international ViewScape survey*, which this year covers Africa (South Africa, Kenya and Nigeria) for the first time.

The study—which surveyed 1,250 people representative of urban South African adults with Internet access—shows that 90% of the country’s online adults today use at least one online video service and that just over half are paying to view digital online content. The average user spends around 7 hours and two minutes a day consuming video content, with broadcast television accounting for just 42% of the time South Africans spend in front of a screen.

Consumers in South Africa spend nearly as much of their daily viewing time – 39% of the total – watching free digital video sources such as YouTube and Facebook as they do on linear television. People aged 18 to 24 years spend more than eight hours a day watching video content as they tend to spend more time with free digital video than people above their age.

Says Benjamin Ballensiefen, managing director for Sub Sahara Africa at GfK: “The media industry is experiencing a revolution as digital platforms transform viewers’ video consumption behaviour. The GfK ViewScape study is one of the first to not only examine broadcast television consumption in Kenya, Nigeria and South Africa, but also to quantify how linear and online forms of content distribution fit together in the dynamic world of video consumption.”

The study finds that just over a third of South African adults are using streaming video on demand (SVOD) services, with only 16% of SVOD users subscribing to multiple services. Around 23% use per-pay-view platforms such as DSTV Box Office, while about 10% download pirated content from the Internet. Around 82% still sometimes watch content on disc-based media.

“Linear and non-linear television both play significant roles in South Africa’s video landscape, though disruption from digital players poses a growing threat to the incumbents,” says Molemo Moahloli, general manager for media research & regional business development at GfK Sub Sahara Africa. “Among most demographics, usage of paid online content is incremental to consumption of linear television, but there are signs that younger consumers are beginning to substitute SVOD for pay-television subscriptions.”

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New data rules raise business trust challenges

When the General Data Protection Regulation comes into effect on May 25th, financial services firms will face a new potential threat to their on-going challenges with building strong customer relationships, writes DARREL ORSMOND, Financial Services Industry Head at SAP Africa.

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The regulation – dubbed GDPR for short – is aimed at giving European citizens control back over their personal data. Any firm that creates, stores, manages or transfers personal information of an EU citizen can be held liable under the new regulation. Non-compliance is not an option: the fines are steep, with a maximum penalty of €20-million – or nearly R300-million – for transgressors.

GDPR marks a step toward improved individual rights over large corporates and states that prevents the latter from using and abusing personal information at their discretion. Considering the prevailing trust deficit – one global EY survey found that 60% of global consumers worry about hacking of bank accounts or bank cards, and 58% worry about the amount of personal and private data organisations have about them – the new regulation comes at an opportune time. But it is almost certain to cause disruption to normal business practices when implemented, and therein lies both a threat and an opportunity.

The fundamentals of trust

GDPR is set to tamper with two fundamental factors that can have a detrimental effect on the implicit trust between financial services providers and their customers: firstly, customers will suddenly be challenged to validate that what they thought companies were already doing – storing and managing their personal data in a manner that is respectful of their privacy – is actually happening. Secondly, the outbreak of stories relating to companies mistreating customer data or exposing customers due to security breaches will increase the chances that customers now seek tangible reassurance from their providers that their data is stored correctly.

The recent news of Facebook’s indiscriminate sharing of 50 million of its members’ personal data to an outside firm has not only led to public outcry but could cost the company $2-trillion in fines should the Federal Trade Commission choose to pursue the matter to its fullest extent. The matter of trust also extends beyond personal data: in EY’s 2016 Global Consumer Banking Survey, less than a third of respondents had complete trust that their banks were being transparent about fees and charges.

This is forcing companies to reconsider their role in building and maintaining trust with its customers. In any customer relationship, much is done based on implicit trust. A personal banking customer will enjoy a measure of familiarity that often provides them with some latitude – for example when applying for access to a new service or an overdraft facility – that can save them a lot of time and energy. Under GDPR and South Africa’s POPI act, this process is drastically complicated: banks may now be obliged to obtain permission to share customer data between different business units (for example because they are part of different legal entities and have not expressly received permission). A customer may now allow banks to use their personal data in risk scoring models, but prevent them from determining whether they qualify for private banking services.

What used to happen naturally within standard banking processes may be suddenly constrained by regulation, directly affecting the bank’s relationship with its customers, as well as its ability to upsell to existing customers.

The risk of compliance

Are we moving to an overly bureaucratic world where even the simplest action is subject to a string of onerous processes? Compliance officers are already embedded within every function in a typical financial services institution, as well as at management level. Often the reporting of risk processes sits outside formal line functions and end up going straight to the board. This can have a stifling effect on innovation, with potentially negative consequences for customer service.

A typical banking environment is already creaking under the weight of close to 100 acts, which makes it difficult to take the calculated risks needed to develop and launch innovative new banking products. Entire new industries could now emerge, focusing purely on the matter of compliance and associated litigation. GDPR already requires the services of Data Protection Officers, but the growing complexity of regulatory compliance could add a swathe of new job functions and disciplines. None of this points to the type of innovation that the modern titans of business are renowned for.

A three-step plan of action

So how must banks and other financial services firms respond? I would argue there are three main elements to successfully navigating the immediate impact of the new regulations:

Firstly, ensuring that the technologies you use to secure, manage and store personal data is sufficiently robust. Modern financial services providers have a wealth of customer data at their disposal, including unstructured data from non-traditional sources such as social media. The tools they use to process and safeguard this data needs to be able to withstand the threats posed by potential data breaches and malicious attacks.

Secondly, rethinking the core organisational processes governing their interactions with customers. This includes the internal measures for setting terms and conditions, how customers are informed of their intention to use their data, and how risk is assessed. A customer applying for medical insurance will disclose deeply personal information about themselves to the insurance provider: it is imperative the insurer provides reassurance that the customer’s data will be treated respectfully and with discretion and with their express permission.

Thirdly, financial services firms need to define a core set of principles for how they treat customers and what constitutes fair treatment. This should be an extension of a broader organisational focus on treating customers fairly, and can go some way to repairing the trust deficit between the financial services industry and the customers they serve.

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