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The Protection of Personal Information Act ( PoPIA or the PoPI Act) is a piece of legislation which governs the law of data protection and privacy in South Africa. [1] The act was passed to regulate the right to privacy, as enshrined by section 14 of the Constitution of South Africa, and would work in conjunction with the Promotion of Access to ...
- 19 November 2013
- Parliament of South Africa
- Act No. 4 of 2013
- Republic of South Africa
It was 1 July 2020 and the one year grace period to comply ended on 30 June 2021. Parliament assented to POPIA on 19 November 2013. The commencement date of section 1, Part A of Chapter 5, section 112 and section 113 was 11 April 2014. The commencement date of the other sections was 1 July 2020 (with the exception of section 110 and 114 (4).
- POPI exists to protect and enforce the right to privacy. The Information Regulator can be approached by Data Subjects (these include natural persons and juristic entities, but exclude deceased persons) for relief if the right to privacy is violated.
- Essentially, the following must be implemented in order to comply with the POPI Act: POPI Code of Conduct. Contracts between Responsible Party and third party service providers – Privacy Policy clauses.
- If a Data Subject is not identifiable, the POPI Act does not apply – a name or photo only, for example, is not enough to identify someone. A Responsible Party will need consent to use the special personal information of a Data Subject (this includes photos).
- It is important to destroy ALL personal information (PI) you do not need – old CD backups, for example – before the POPI Act kicks in or you will be required to comply with the provisions of the Act.
Act No. 4 of 2013 Protection of Personal Information Act, 2013 CHAPTER 9 TRANSBORDER INFORMATION FLOWS 72. Transfers of personal information outside Republic CHAPTER 10 ENFORCEMENT 73. Interference with protection of personal information of data subject 74. Complaints 75. Mode of complaints to Regulator 76. Action on receipt of complaint 77.
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POPIA or POPI was promulgated on 26 November 2013. The Protection of Personal Information Act ( POPIA) is intended to promote the right to privacy in the Constitution, while at the same time protecting the flow of information and advancing the right of access to and protection of information. POPIA establishes the rights and duties that are ...
The Protection of Personal Information Act No.4 of 2013 commonly known as “POPIA” came into full force and effect on 1 July 2021. POPIA seeks to protect natural and juristic persons from harm by protecting their personal information. POPIA sets out eight conditions for the lawful processing of personal information.
The Protection of Personal Information Act (POPIA or “POPI Act”) is South Africa’s premier data protection law enacted by Parliament in 2020. Essentially, the POPIA aims to safeguard individuals from potential harm by securing their personal data and granting them with rights to review and remediate any information held by an organization.
