Critical Portions of the POPI Act are Scheduled to Commence
The Protection of Personal Information Act (POPIA) promotes the protection of personal information processed by public and private entities and seeks to ensure that the human right to privacy is upheld.
We have noted in recent media releases that the Information Regulator has made notable progress since her appointment in 2016.
Based on a recent media release from The Presidency, it seems as if the wait for the commencement of some of the POPIA sections is soon to be over as a number of remaining sections of the Act have now been proclaimed by the President.
While Sections 110 and 114(4) shall commence on 30 June 2021, a number of crucial sections shall commence on 1 July 2020, amongst others:
- the 8 conditions for the lawful processing of personal information;
- the regulation of the processing of special personal information;
- Codes of Conduct issued by the Information Regulator;
- procedures for dealing with complaints;
- provisions regulating direct marketing by means of unsolicited electronic communication, and general enforcement of the Act.
As anticipated by most, this means that entities (both in the form of private and public entities) will have to ensure compliance with the Act by July 2021 (within a period of 1 year).
Organisations that process personal information should not wait for the current grace period for compliance.
Get in touch with one of our consultants to learn more about how to ensure that you comply with these new regulations.