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August 2024 - DELETE, DESTROY, REGRET: THE REAL CONSEQUENCES OF ERASING DATA

Welcome to the digital age—a fast-paced world where one wrong click can send sensitive emails and crucial data into the abyss. But here’s the deal: when it comes to erasing information from a device, South African law isn’t playing games. In fact, the Cybercrimes Act 19 of 2020 was designed to ensure that deleting data unlawfully can lead to serious consequences.

If you think you can make problems disappear with a quick swipe of the delete button, think again. Here at June Stacey Marks Attorneys, we’re diving into what happens when you unlawfully erase information or emails, and why it's a bad move with major repercussions.

THE CYBERCRIMES ACT: WHAT YOU NEED TO KNOW




South Africa’s Cybercrimes Act is the go-to law that regulates and criminalizes activities involving computers and digital information. Whether you’re tampering with data, erasing sensitive emails, or deleting files that could be key evidence in a legal battle—if you’re doing it without authorization, you’re stepping into some dangerous territory.


ERASING EMAILS: WHERE THE TROUBLE BEGINS




Think hitting delete is no big deal? Under the Cybercrimes Act, it’s much more serious than that. Here’s what could land you in hot water:
Data Interference (Section 3): Deleting, altering, or otherwise interfering with data on any device—whether it's your emails, documents, or other information—without permission can land you in serious trouble. We’re talking fines, and even up to 15 years in prison.
Unauthorized Access (Section 2): Sneaking into someone’s digital system and erasing information is a criminal offense. Deleting those incriminating emails without the right to do so? You could be facing some severe consequences.


THE FALLOUT: CONSEQUENCES OF UNLAWFUL DATA DELETION




Here’s where things get real. Unlawfully erasing information from a device can come with some serious consequences. At June Stacey Marks Attorneys, we make sure you’re aware of just how high the stakes are:
1. Criminal Penalties: Unlawful deletion of data can land you behind bars for up to 15 years or result in hefty fines. Whether you’re covering up something shady or simply acting without proper authorization, the law will catch up with you.
2. Civil Liability: Think the criminal penalties are bad? There’s more. You could face civil lawsuits for damages. That could mean shelling out money to cover losses caused by your data tampering—whether that’s lost contracts, destroyed evidence, or critical business information.
3. Reputation on the Line: It doesn’t stop with legal trouble. Your reputation takes a hit, too. Businesses caught deleting data unlawfully could lose the trust of clients, face regulatory backlash, and suffer long-term damage to their credibility.

WHEN ‘OOPS’ ISN’T ENOUGH: DEFENDING AGAINST CYBERCRIME CHARGES




Accidents happen, right? If you’re facing cybercrime charges for erasing data, you’d better hope you’ve got a solid defense. At June Stacey Marks Attorneys, we help you explore every avenue, whether that’s proving the erasure was accidental, showing you had the right authorization, or working to restore deleted information.

PLAY IT SAFE: DON’T GET CAUGHT IN THE CYBERCRIME NET




The bottom line? Data isn’t something to mess around with. Whether you’re running a business or managing sensitive information, you need to be vigilant. Keep your data management game tight, and make sure you’re operating within the law.
Best Practices: Get yourself some solid data management policies, back up your information regularly, and make sure only authorized personnel have access to delete or modify data. Trust us—it’s worth the effort.

CONCLUSION: THINK BEFORE YOU HIT DELETE




Here at June Stacey Marks Attorneys, we’ve seen it all when it comes to cybercrime. And if there’s one thing we know, it’s that deleting data without thinking can lead to some serious consequences. The Cybercrimes Act 19 of 2020has raised the stakes, and unlawful erasure of information can quickly turn into a legal nightmare. Before you hit delete, think about what that could mean for your future. If you find yourself in a tough spot, we’re here to help you navigate the legal fallout and protect your interests. Remember—when it comes to data, think before you delete.

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June Stacey Marks Attorneys
Block G, Pinmill Farm, Sandown
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email: junemarks@icloud.com


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