SA companies doing business with EU customers need to consider making changes to their data privacy and oversight processes to conform to new regulations being implemented next year.
South African companies doing business with European Union (EU) customers need to consider making changes to their data privacy, technology and oversight processes in the wake of new privacy rules. On 25 May 2018 new privacy rules formed by the EU will be implemented. The General Data Protection Regulation (GDPR) will replace the Data Protection Directive 95/46/EC.
The new rules will apply to the ‘processing’ of ‘personal data’ by “controllers” and “processors” based in the EU, as well as those located outside of the EU if they provide services and goods to EU customers. The GDPR will also apply to all organisations processing and holding personal data of subjects residing within the EU.
“The GDPR will impact many South African and other organisations across the African continent,” Busisiwe Mathe, Risk Assurance Cyber and Privacy leader, PwC Southern Africa says. “Businesses that do not comply with the GDPR face a potential of up to 4% fine of global revenues, increasing the need for organisations to plan for and implement necessary changes to demonstrate good in the eyes of individuals and regulators.”
South African organisations are awaiting the Protection of Personal Information Act (POPIA). The POPIA is likely to be fully enacted in South Africa in early 2019 and comments on POPIA draft regulations closed on 7 November 2017.
Once POPIA is fully enacted, responsible parties and operators in South Africa, processing personal information will have to comply with POPIA as well as potentially having to comply with the GDPR. The GDPR was introduced by the EU more than a year ago and organisations have been given less than two years to comply with them.
POPIA is South Africa’s first piece of comprehensive data protection legislation. It aims to give effect to the constitutional right to privacy by introducing measures whereby personal information processed by organisations is fair, responsible and conducted in a secure manner.
Mathe adds: “Compliance with POPIA will be a challenge for many organisations. The POPIA compliance journey will require organisations to consider many features within their organisation and strategic vision.” The GDPR and POPIA have many commonalities but also a number of differences, one of the most significant being that POPIA includes “juristic” (business) entities in the definition of personal information – this will significantly increase the scope of personal information and provide additional challenges to comply with POPIA.
“After May next year, EU companies that deal with SA can only do so if POPIA is in place or if the SA companies can satisfy their EU partner that they have adequate rules and policies in place regarding data protection.”
Rav Hayer, Financial Services GDPR Lead, PwC UK adds: “Organisations will have to provide clarity on how customer data is collected and stored. Any breaches of data must be communicated within 72 hours to the responsible regulator, wherever the breech occurred and the subjects reside. ”
The GDPR penalties can be up to 4% of an organisation’s global annual turnover whereas POPIA has a maximum R10 million fine or time behind bars. GDPR penalties are much higher than POPIA. The GDPR penalties stand to hurt companies more financially than POPIA if they ignore them. The reputational damage and loss of customer trust are however important business imperatives to comply with POPIA regardless of the significantly lower fines.
In a recent survey conducted by PwC, nearly all of the respondents (92%) considered compliance with the GDPR a top priority on their data-privacy and security agenda in 2017 – with over half of respondents saying it is “the” top priority and 38% saying it is “among” top priorities. The GDPR Preparedness Pulse Survey examines preparedness and why companies are willing to spend $1 million or more on GDPR readiness plans.
PwC surveyed 300 Chief Privacy Officer, Chief Information Officers, General Counsels, Chief Compliance Officers, and CEOs in US, UK, and Japanese companies about their GDPR programmes.
Only 8% of UK companies have finished all their preparations compared to 22% of US companies. “This is likely to be because the US‘s data privacy regulation is currently a lot more stringent than the UK. In the past the ICO hasn’t been as firm as US regulators as our data privacy law isn’t currently enforceable,” Hayer adds.
While many organisations have already begun this process with a range of compliance efforts, many are still in the assessment phase. But despite their status in preparing to comply with the new regulations, most US Companies are already planning to invest in GDPR. According to survey respondents, over three in four (77%) companies plan to allocate $1 million or more on GDPR readiness and compliance efforts – with 68% saying they will invest between $1 million and $10 million and 9% expecting to spend over $10 million to address GDPR obligations.
Survey results also found that information security enhancement is a top GDPR initiative. While much of the discussion has focused on the law’s privacy-centric requirements, information-security obligations figure prominently in GDPR plans of US companies. Among the 71% who have begun GDPR preparation, the most-cited initiatives in flight are information security, privacy policies, GDPR gap assessment and data discovery.
What should you focus on if you haven’t started your GDPR programme?
PwC found that 5% of UK companies have not started preparing for the GDPR. With less than seven (7) months until the compliance deadline, these organisations risk regulator fines, litigation costs, and lost contract opportunities.
The biggest risk for organisations is likely to be third parties, so it is essential that organisations check that their third party contracts are GDPR compliant, Hayer comments.
How much can organisations expect to spend on their GDPR programme?
Of those companies that have completed their GDPR programme, 40% of US, UK and Japan reported spending more than $10 million. The pattern of increased spending was consistent regardless of company size.
Driving competitor advantage – The GDPR and investor relations
The survey found that some companies see their GDPR programs as a potential differentiator in the market. Among companies who believe they have finished their GDPR programmes, 38% have engaged their investor relations departments, an indicator that they hope to highlight early compliance to help drive competitive advantage. These companies should also look to extend this confidence out to their customers to strengthen customer trust in their business and also test their position in advance of the GDPR going live.
“The ‘compliance journey’ involves innumerable challenges and the task is complicated. Entities may find that they have difficult choices to make about their priorities moving forward. Making changes to ensure compliance with the GDPR will require considerable resource investments and lots of planning,” concludes Hayer.
Prepare your cam to capture the Blood Moon
On 27 July 2018, South Africans can witness a total lunar eclipse, as the earth’s shadow completely covers the moon.
Also known as a blood or red moon, a total lunar eclipse is the most dramatic of all lunar eclipses and presents an exciting photographic opportunity for any aspiring photographer or would-be astronomers.
“A lunar eclipse is a rare cosmic sight. For centuries these events have inspired wonder, interest and sometimes fear amongst observers. Of course, if you are lucky to be around when one occurs, you would want to capture it all on camera,” says Dana Eitzen, Corporate and Marketing Communications Executive at Canon South Africa.
Canon ambassador and acclaimed landscape photographer David Noton has provided his top tips to keep in mind when photographing this occasion. In South Africa, the eclipse will be visible from about 19h14 on Friday, 27 July until 01h28 on the Saturday morning. The lunar eclipse will see the light from the sun blocked by the earth as it passes in front of the moon. The moon will turn red because of an effect known as Rayleigh Scattering, where bands of green and violet light become filtered through the atmosphere.
A partial eclipse will begin at 20h24 when the moon will start to turn red. The total eclipse begins at about 21h30 when the moon is completely red. The eclipse reaches its maximum at 22h21 when the moon is closest to the centre of the shadow.
David Noton advises:
- Download the right apps to be in-the-know
The sun’s position in the sky at any given time of day varies massively with latitude and season. That is not the case with the moon as its passage through the heavens is governed by its complex elliptical orbit of the earth. That orbit results in monthly, rather than seasonal variations, as the moon moves through its lunar cycle. The result is big differences in the timing of its appearance and its trajectory through the sky. Luckily, we no longer need to rely on weight tables to consult the behaviour of the moon, we can simply download an app on to our phone. The Photographer’s Ephemeris is useful for giving moonrise and moonset times, bearings and phases; while the Photopills app gives comprehensive information on the position of the moon in our sky. Armed with these two apps, I’m planning to shoot the Blood Moon rising in Dorset, England. I’m aiming to capture the moon within the first fifteen minutes of moonrise so I can catch it low in the sky and juxtapose it against an object on the horizon line for scale – this could be as simple as a tree on a hill.
- Invest in a lens with optimal zoom
On the 27th July, one of the key challenges we’ll face is shooting the moon large in the frame so we can see every crater on the asteroid pockmarked surface. It’s a task normally reserved for astronomers with super powerful telescopes, but if you’ve got a long telephoto lens on a full frame DSLR with around 600 mm of focal length, it can be done, depending on the composition. I will be using the Canon EOS 5D Mark IV with an EF 200-400mm f/4L IS USM Ext. 1.4 x lens.
- Use a tripod to capture the intimate details
As you frame up your shot, one thing will become immediately apparent; lunar tracking is incredibly challenging as the moon moves through the sky surprisingly quickly. As you’ll be using a long lens for this shoot, it’s important to invest in a sturdy tripod to help capture the best possible image. Although it will be tempting to take the shot by hand, it’s important to remember that your subject is over 384,000km away from you and even with a high shutter speed, the slightest of movements will become exaggerated.
- Integrate the moon into your landscape
Whilst images of the moon large in the frame can be beautifully detailed, they are essentially astronomical in their appeal. Personally, I’m far more drawn to using the lunar allure as an element in my landscapes, or using the moonlight as a light source. The latter is difficult, as the amount of light the moon reflects is tiny, whilst the lunar surface is so bright by comparison. Up to now, night photography meant long, long exposures but with cameras such as the Canon EOS-1D X Mark II and the Canon EOS 5D Mark IV now capable of astonishing low light performance, a whole new nocturnal world of opportunities has been opened to photographers.
- Master the shutter speed for your subject
The most evocative and genuine use of the moon in landscape portraits results from situations when the light on the moon balances with the twilight in the surrounding sky. Such images have a subtle appeal, mood and believability. By definition, any scene incorporating a medium or wide-angle view is going to render the moon as a tiny pin prick of light, but its presence will still be felt. Our eyes naturally gravitate to it, however insignificant it may seem. Of course, the issue of shutter speed is always there; too slow an exposure and all we’ll see is an unsightly lunar streak, even with a wide-angle lens.
On a clear night, mastering the shutter speed of your camera is integral to capturing the moon – exposing at 1/250 sec @ f8 ISO 100 (depending on focal length) is what you’ll need to stop the motion from blurring and if you are to get the technique right, with the high quality of cameras such as the Canon EOS 5DS R, you might even be able to see the twelve cameras that were left up there by NASA in the 60’s!
How Africa can embrace AI
Currently, no African country is among the top 10 countries expected to benefit most from AI and automation. But, the continent has the potential to catch up with the rest of world if we act fast, says ZOAIB HOOSEN, Microsoft Managing Director.
To play catch up, we must take advantage of our best and most powerful resource – our human capital. According to a report by the World Economic Forum (WEF), more than 60 percent of the population in sub-Saharan Africa is under the age of 25.
These are the people who are poised to create a future where humans and AI can work together for the good of society. In fact, the most recent WEF Global Shapers survey found that almost 80 percent of youth believe technology like AI is creating jobs rather than destroying them.
Staying ahead of the trends to stay employed
AI developments are expected to impact existing jobs, as AI can replicate certain activities at greater speed and scale. In some areas, AI could learn faster than humans, if not yet as deeply.
According to Gartner, while AI will improve the productivity of many jobs and create millions more new positions, it could impact many others. The simpler and less creative the job, the earlier, a bot for example, could replace it.
It’s important to stay ahead of the trends and find opportunities to expand our knowledge and skills while learning how to work more closely and symbiotically with technology.
Another global study by Accenture, found that the adoption of AI will create several new job categories requiring important and yet surprising skills. These include trainers, who are tasked with teaching AI systems how to perform; explainers, who bridge the gap between technologist and business leader; and sustainers, who ensure that AI systems are operating as designed.
It’s clear that successfully integrating human intelligence with AI, so they co-exist in a two-way learning relationship, will become more critical than ever.
Combining STEM with the arts
Young people have a leg up on those already in the working world because they can easily develop the necessary skills for these new roles. It’s therefore essential that our education system constantly evolves to equip youth with the right skills and way of thinking to be successful in jobs that may not even exist yet.
As the division of tasks between man and machine changes, we must re-evaluate the type of knowledge and skills imparted to future generations.
For example, technical skills will be required to design and implement AI systems, but interpersonal skills, creativity and emotional intelligence will also become crucial in giving humans an advantage over machines.
“At one level, AI will require that even more people specialise in digital skills and data science. But skilling-up for an AI-powered world involves more than science, technology, engineering and math. As computers behave more like humans, the social sciences and humanities will become even more important. Languages, art, history, economics, ethics, philosophy, psychology and human development courses can teach critical, philosophical and ethics-based skills that will be instrumental in the development and management of AI solutions.” This is according to Microsoft president, Brad Smith, and EVP of AI and research, Harry Shum, who recently authored the book “The Future Computed”, which primarily deals with AI and its role in society.
Interestingly, institutions like Stanford University are already implementing this forward-thinking approach. The university offers a programme called CS+X, which integrates its computer science degree with humanities degrees, resulting in a Bachelor of Arts and Science qualification.
Revisiting laws and regulation
For this type of evolution to happen, the onus is on policy makers to revisit current laws and even bring in new regulations. Policy makers need to identify the groups most at risk of losing their jobs and create strategies to reintegrate them into the economy.
Simultaneously, though AI could be hugely beneficial in areas such as curbing poor access to healthcare and improving diagnoses for example, physicians may avoid using this technology for fear of malpractice. To avoid this, we need regulation that closes the gap between the pace of technological change and that of regulatory response. It will also become essential to develop a code of ethics for this new ecosystem.
Preparing for the future
With the recent convergence of a transformative set of technologies, economies are entering a period in which AI has the potential overcome physical limitations and open up new sources of value and growth.
To avoid missing out on this opportunity, policy makers and business leaders must prepare for, and work toward, a future with AI. We must do so not with the idea that AI is simply another productivity enhancer. Rather, we must see AI as the tool that can transform our thinking about how growth is created.
It comes down to a choice of our people and economies being part of the technological disruption, or being left behind.