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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.

In addition to the above, according to the explanatory summary, the objects of the PI Bill are to amongst others:

  • Achieve a statutory framework for the protection of information generated by organs of the State or information that is in possession or control of organs of State;
  • Set out criteria and processes in terms of which information which is protected from disclosure and which is classified, may be declassified;
  • Create an offence and propose sentences for unlawful disclosure of information, including the crime of espionage; and
  • Make it an offence for an individual to knowingly supply false information to the national intelligence agency.
 

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