The protection of personal information popi act rw africa. Y the a to z of popi are covered comprehensively y a highly knowledgeable and prominent course facilitator y crossborder transfer of personal information is tackled. Constitution of the republic of south africa act, 108 of 1996. Paia manual ig markets south africa limited, paia manual, anuary 2019 ig markets south africa limited, authorised and regulated by the financial sector conduct authority in south africa. The protection of personal information act and south african schools the protection of personal information popi act was signed into law on 19 november 20. The protection of personal information popi act special features. Popi training is held regularly throughout south africa. Why are south african lawyers remaining in the dark with popi. Iact africas approach to adopting the popi act and privacy best practices is outlined here.
Guide of the south african human rights commission. We became used to talking about popi, and the information regulator is now prefering to use the term popia, or popi act. Manual in terms of the promotion of access to information. Y triedandtested in various south african organisations. The constitution is the highest law in the country and it was adopted to heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights. The popi legislation basically considers your personal information to. Protection of personal information popi isnt new in south africa. The act lists the following eight conditions for the lawful processing of personal information, each containing their own sections. The protection of personal information act 4 of 20 aims. In south africa, section 14 of the constitution protects the right of privacy of citizens, which popi enforces, and the law itself has been in the making for almost a decade. It applies to all businesses that process personal information of staff, customers, clients and productservice providers. In many organisations, popi act implementation and support skills and knowledge for carrying out these initiatives have not been developed yet as the subject of privacy and data protection protection of personal information is a relatively new area. Popi refers to south africas protection of personal information act.
See the latest status from the information regulator. Specifically to implement and maintain the provisions of the popi act including but not limited to the following. Prepared in accordance with section 51 of the promotion of access to information act, number 2 of 2000 the act and the protection of personal information act, act no 4 of 201 popi. Enforcement of the protection of personal information. Information act of 2000 to address the requirements of the protection of personal information act no 4 of 20. Details and dates of the public events are listed on the seminar schedule above. Pty limited and other south african subsidiaries which the acts apply to collectively. At this stage no notices hashave been published on the categories of. With the popi act explained this should help you in understand the process of implementing popi compliance within your company. Personal information broadly means any information relating to an identifiable, living natural person or juristic person companies, ccs etc. The commission was inaugurated on 02 october 1995 under the human rights commission act 54 of 1994 and as provided for by the constitution of the republic of south africa act 200 of 1993. The protection of personal information act or popi act is south africas equivalent of the eu gdpr.
South africa, the popi act is the applicable south african legislation and any company operating within south africa is mandated to comply with this law. The protection of personal information act, no 4 of 20 promotes the protection of personal information by public and private bodies. The south african information regulator regulator has indicated that the effective date for full promulgation of popia will likely be early 2018, following which all organisations will have one year to become compliant. Protection of personal information act, 20 5 act no. Protection of personal information hrtorque outsourcing. As the information regulator develops the popi regulations further, so the dates and requirments will become clearer. Compliance to the protection of personal information act popia, also known as the popi act, will be mandatory for most organisations in south africa. Guidelines and training manual social surveys africa the protection of personal information popi act as published in the government gazette notice 37067 on 26 november 20.
Introduction the promotion of access to information act, no. Iactafrica popi act implementation methodology embarking on a popi act implementation project can be daunting for many organisations as it is not a simple law with which to comply. The protection of personal information act 20, popia popi is south africas official data protection law. The protection of personal information act is technical and complex. The sahrc has compiled a guide, as contemplated in section 10 of the south african human rights. The popi act is south africas equivalent to the european union general data protection regulation eu gdpr. To give effect to the constitutional right to privacy by safeguarding personal information when processed by a responsible. The popi protection of personal information act has not yet commenced, although it was enacted in 20. Law society of south africa lssa manual prepared in accordance with section 51 of the promotion of access to information act paia 22000. Popi act compliance protection of personal information.
This new law regulates the processing of personal information. We offer you a range of products around personal data security awareness. Experienced data protection professionals, who participated in drafting the popi bill and have extensive legal, business and data processing experience, will explain how to translate legal obligations into operational practices. In simple terms, the purpose of the popi act is to ensure that all south african institutions conduct themselves in a responsible manner when collecting, processing, storing and sharing another entitys personal information by holding them accountable should they abuse or compromise your personal information in any way. Despite the apathy of the profession, in 20 the lssa organised and presented a roadshow to deal with the protection of personal information, which was held at six. If you are using etorque, our cloudbased payroll and hra database, you are already compliant from a software security and data storage perspective, with regard to the system. The scope of this manual will exclude eohs operations outside south africa and will. Protection of personal information act 4 of 20 south. Popi and the issue of privacy cctv handbook 2015 hi. The protection of personal information act also referred to as the popi act aims to protect an individuals right to privacy regarding their personal information which may have been collected by a third party during a normal commercial transaction or by their hr department prior to, or during, the course of their employment. Paia and popi act certification services south africa.
The protection of personal information popia act has been signed into law by the president on 19 november and published in the government gazette notice 37067 on 26 november 20. The longawaited protection of personal information popi act regulations were published in september last year. The protection of personal information act and south. The popi act does not stop you from processing and does not require you to get consent from data subjects to. According to workpool 2017, the purpose of the popi act is to ensure that all southafrican institutions conduct themselves in a responsible popi popi popi. The protection of personal information act popi access to information under paia only, requires the process to be duly followed, as detailed in this document. If it is approached in a structured manner, however, it can be less daunting and far easier to tackle. Popi act implementation and support popi solutions. Constitution and the purpose and application of the protection of personal information act, no 4 of 20. While popi compliance is typically seen as a grudge task, it can in fact be regarded as more than good governance. Privacy policy in terms of the protection of personal. The law society of south africa guidelines the question may be asked what has the law society of south africa lssa done relating to the protection of personal information. Purpose of the popi act the purpose of the popi act is the following. The purpose of the this act is to ensure all south african businesses conduct themselves in a responsible manner when collecting, processing, storing and sharing another entitys personal information by holding them accountable should they abuse or compromise the third partys personal information in any way.
The act sets a number of conditions for you to lawfully process the personal information of data subjects both juristic and natural persons. South african organisations and citizens have until 7 november 2017 to provide comment. Section 9 of popi states that personal information may only be processed if, given the purpose for which it is. The protection of personal information act is commonly referred to as popi. Rendering services according to instructions given by clients.
A member of the regulator or a person referred to in section 491b or 501b who is not subject to the provisions of the public service act, 1994 proclamation no. The protection of personal information act is south africas most complex and technical law and, it impacts everyone. Protection of personal information act popi it is critical for organisations that process personal information of employees, customers or other juristic persons companies, trusts and so on to implement organisationwide privacy initiatives in order to comply with the conditions of the act. Protection of personal information a short guide on popi. Rendering service according to instructions given by clients. The delay, while frustrating for some, gives others a breathing space to get their companies up to scratch on the law. Protection of personal information act, 20 department of justice. The protection of personal information bill was around in 2009, which meant that the discussion had been going on for years before that. Protection of personal information a short guide for the employer on popi from a payroll hra perspective. Controlling information is the central component to creating a business, which popi processes and procedures can be effectively executed and its ethics upheld. Po box 1161, green point, 8051, cape town, south africa physical address. It is anticipated that popi regulations will be promulgated in 2018, commencing the application of the popi act.
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