The Protection of Personal Information Act 4 of 2013 (“POPI”) sets conditions for the lawful processing of personal information. By means of the POPI Policy, the required privacy information can be regulated by the Information Regulator and in compliance therewith can be implemented.

Companies and individuals are focussing on POPI requirements in order to comply with the legal requirements by means of POPI awareness which is created through training sessions and the implementation of amended policies and practices.

POPI on website articleCurrent status of POPI

The 5 members of the Information Regulator, the Chairperson, 2 full-time and 2 part-time, have been appointed for a 5-year period which commenced from 1 December 2016.

The sections of POPI which have been enforced are:

  1. Section 1 – the definitions clause;
  2. Part A of Chapter 5 – the establishment, staffing, powers and meetings of the Information Regulator;
  3. Section 112 – authorisation of the Minister and Information Regulator to make regulations; and
  4. Section 113 – the procedure for making regulations.

This budget for the 2016/2017 year will be utilised for the establishment and capacitation of their offices.

POPI on website articleWhy do we need a POPI Policy?

  • To give effect to the constitutional right to privacy in terms of safeguarding personal information when processed;
  • To regulate in which manner personal information may be processed;
  • To comply with the requirements for the processing of personal information;
  • To provide the rights and remedies to persons in order to protect their personal information when processing personal information; and
  • To establish the compulsory and voluntary measures as regulated by the Information Regulator.

Conclusion

The POPI commencement date has not yet been confirmed, however, it is expected that the Regulations will be promulgated next and the commencement date will be announced, where after it is likely that compliance with POPI will be required within 2018.

Contact us for more information on the POPI Policy or with any POPI related questions as well as for the implementation of the POPI policy in order to place these policy documents on your business website.