Written by: Natasha du Preez

Date: July 2024

The Cybercrimes Act and Hacking in South Africa

In today’s digital age, our lives are interconnected through online platforms, where sensitive data such as banking details, social media accounts, and emails are stored. While this digitalisation has enhanced convenience, it has also exposed us to cybercrimes, with hacking emerging as one of the most prevalent threats to data privacy. Data privacy laws have been promulgated to protect the sanctity of online data and to address growing concerns in relation thereto.

One of the biggest rising concerns that causes malicious and intentional breaches concerning data privacy, known as “hacking,” has been plaguing the sanctity of online data of all internet users daily. South African law provides robust protection against hacking under the Cybercrimes Act 19 of 2020, which criminalises unauthorised access to data, phishing, and ransomware attacks. This Act empowers law enforcement to investigate and prosecute cybercriminals while safeguarding the digital rights of individuals and businesses. In this article, the cybercrime of “hacking” will be evaluated, along with ways to safeguard against such a data privacy breach.

Hacking compromises personal and organisational data, often leading to severe financial and reputational damage. At Burger Huyser Attorneys, we understand the gravity of these breaches and aim to empower individuals and businesses to safeguard their digital assets.

What Is Hacking?

Hacking is defined as an act or an activity where unlawful or unauthorised access is gained to a person or organisation’s online data. The act of hacking is performed remotely by the cyber attacker in an attempt to obtain and intentionally exploit weaknesses or vulnerabilities in the person’s or organisation’s digital devices and computer systems. Such devices or systems include, but are not limited to, computers, bank accounts, social media accounts, smartphones, and tablets.

Cyber hacking is usually performed to access and/or steal data, compromise and/or modify data, disrupt communications, disrupt the normal functioning of computerised systems, and for the satisfaction of many other harmful objectives.

How Does Hacking Occur?

The following are the most popular hacking techniques:

  • Phishing: Many hackers will utilise phishing emails to gain unlawful access to a person or organisation’s confidential data, such as bank account details, by leading them to a fake website that captures any information entered into it.
  • Malware: Many hackers will install malware on the unsuspecting victim’s devices to steal data, disrupt the functions and processes of the devices, and damage the entire system of the device. If malware is installed on a device, the device’s systems will immediately be manipulated by the malware’s harmful coding sequences, often rendering the systems of the device unusable or severely damaged.
  • Ransomware: Ransomware is known as a type of malware that is installed onto a device with the purpose of encrypting the data or suspending operations of the system temporarily for the owner of the data. It is called ransomware because the attacker will usually hold the systems or data ransom, promising to grant unrestricted access to the data once a ransom payment has been received from the owner of the data.
  • Creating zombie computers: A zombie computer is known as a bot that sends spam messages or causes denial of service attacks on organisations’ websites. In this form of hacking, the attacker will use the victim’s computer to commit cybercrimes or to send spam to other online users or organisations.
  • Denial of Service Attacks: These attacks are often launched on the websites of organisations and online internet users with the intention of damaging their devices, shutting the device or website down, or even disrupting the normal function of the device or website.
  • Logging keystrokes: Many hackers install a program on the victim’s device that allows them to track the victim’s keystrokes made on the device. The program will then record all keystrokes made by the victim and will identify any confidential information that the victim has typed. This is done with the intent to access and steal the information or with the intent to steal the victim’s identity.
  • Viruses: Many hackers will install viruses onto the devices of the victims to damage the systems of the device or suspend the operations of the systems of the device, often rendering the device unusable. Viruses, such as the Trojan Horse virus, refers to virus programs with a seemingly harmless appearance that are installed onto the unsuspecting victim’s devices. Due to the virus being presented as a harmless app or program, the victim does not suspect the program or app to be harmful to their device when installing it, often leading to their device being flooded with harmful malware and viruses.
  • Exploiting open Wi-Fi networks: This technique is used by hackers to gain unauthorised access to open wireless networks whose routers have not been secured to safeguard against such unauthorised access.
  • Spyware: Many hackers will install spyware on devices to see what confidential data the victim has on their device. Hackers will then use these spyware programs to read and intercept emails of unsuspecting victims to access confidential information and data such as passwords, bank details, and account details of social networking sites.

 What Are The Reasons Why Cyber Attackers Hack Devices?

Following are the reasons why cyberattackers hack devices:

  • Monetary or financial gain:
  • Most hackers commit these offences to obtain access to the unsuspecting victim’s bank accounts and funds, with the intention of selling the information on the dark web.Other hackers will simply hold the data ransom to obtain a ransom payment from the victim.
  • Revenge hacking:
  • Many hackers will commit these offences as part of a revenge plot against the victim or organisation they believe has wronged them in some way.
  • Corporate espionage:
  • Many hackers will commit these offences with the purpose of obtaining extremely confidential and well-protected trade secrets.
  • This is usually a tactic that is used by many organisations to obtain an advantage over a competitor.
  • Hacktivism:
  • This form of hacking is usually utilised to promote a certain social movement or political agenda. This form of hacking is presented as a form of civil unrest or civil disobedience.

What Devices And Systems Are Most Vulnerable To Hacking?

Here are the most vulnerable hacking devices and systems:

  • Smartphones;
  • Tablets;
  • Computer devices;
  • Wi-Fi routers;
  • Webcams;
  • Phones that have been jailbroken;
  • Email accounts;
  • Bank accounts.

What Are The Damages And Negative Consequences Caused By Hacking?

Hacking can have far-reaching consequences, including:

  • Having your information sold on the dark web;
  • Having money stolen from your bank account;
  • The commission of fraud using your identity;
  • Having your identity stolen;
  • Destruction of your credit score due to overdrawn or fraudulent transactions;
  • Destruction of your mobile or computer device systems;
  • The altering, modification, or deletion of your confidential data from your device;
  • Being threatened with having all your personal information leaked on public platforms;
  • Being forced to pay a ransom payment to regain access to your personal information and confidential data;
  • Having your personal information sold to malicious third parties;
  • The commission of offences using your identity or social media accounts (such as scamming or hacking other social media users).

What Are The Dos And Don’ts To Ensure Safeguarding Against Hacking?

It is important to know what to do to ensure you are safeguarded against hacking. Here are some things to always keep in mind:

Do:

  • Create and use strong passwords for all mobile and computer devices and online accounts (such as a bank account, social media account, or email account).
  • Use different passwords for all online accounts and all devices (then if one device or account is compromised, not all your devices or accounts will be compromised).
  • Use multi-factor authentication on all online
  • Install a high-quality antivirus program on all mobile and computer
  • Install a verified anti-malware program on all mobile and computer
  • Increase your browser security settings on all mobile and computer
  • Ensure that your mobile and computer devices’s software is always up to date with the newest software (as many new software updates for devices include additional cybersecurity measures).
  • Ensure that you change your smart device and router’s name and password in order to create unique and secure credentials for the smart device and router that are not accessible to the
  • Ensure that you are well informed of phishing techniques to avoid falling victim to such
  • Only download and install apps and programs from verified first-party
  • Keep mobile devices secure by utilising facial recognition programs and fingerprint technology where possible.

Don’t do:

  • Enter personal information into unsecure websites (a website is unsecure when it showcases as “http” and not “http/s”).
  • Access any personal information or enter confidential data into online accounts or websites when the mobile or computer device is connected to an open Wi-Fi network.
  • Don’t post personal information on social media
  • Don’t disclose personal or confidential information in public.
  • Don’t click on any links of which you do not know the origin.
  • Don’t install apps, software, or programs from unverified or third-party
  • Don’t click on pop-up ads contained on websites (as these are usually filled with malware and viruses).
  • Don’t disclose personal information such as passwords, social media account credentials, and bank account details to anybody, either online or in person (not even to friends or family).

In South Africa, victims of hacking can report incidents to the SAPS Cybercrime Unit or consult the Cybersecurity Hub for guidance on safeguarding digital assets.

As showcased above, it is clear that hacking has become a very common and dangerous cybercrime in relation to the data privacy of online users. The internet, albeit extremely user-friendly and generally secure, nonetheless creates an obligation for every online user to implement additional security measures to safeguard against unlawful and harmful breaches of their personal information and online data.

It is always advisable and much easier to act preventatively and safeguard against a potential data breach than it is to remedy the consequences when such a breach occurs. As the saying goes, you should rather be safe than sorry.

At Burger Huyser Attorneys, we advocate for proactive measures to protect your digital identity and data. If you suspect a cyberattack or data breach, contact us immediately. Our legal experts are equipped to guide you through the complexities of cybersecurity laws, ensuring your rights and interests are safeguarded.

Be informed, be vigilant, and stay one step ahead of cybercriminals.

Contact Burger Huyser Attorneys, and book a consultation.

To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:

Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;

Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE