Article written by Damian Bothma (Legal Advisor SEESA)
The first of July 2020, marks the date on which core sections of the Protection of Personal Information Act has officially commenced.
With the final regulations published in 2018 and vacancies being filled at the office of The Information Regulator, the one-year grace period will for most organisations be a daunting time working towards POPI compliance.
As part of the implementation processes, all organisations are urged to peruse the regulations published by the Information Regulator. These regulations deal with the following and can be found on the Information Regulators website:
- How a data subject can object to the processing of their personal information;
- How a data subject can request the correction or deletion of information;
- The responsibilities of an information officer;
- Application to the regulator to issue a code of conduct;
- How to request consent for the processing of personal information;
- How to submit a complaint to the Information regulator;
- How the regulator will act in terms of investigations;
- What the regulator must do before it investigates an organisation;
- How the regulator will try to settle complaints;
- How the regulator will conduct assessments;
- How the regulator will notify people during investigations.
When perusing the regulations, careful attention should be given to the responsibilities of an information officer. This is important as all organisations are required to appoint an information officer.
Furthermore, all organisations who make use of direct marketing should specifically note that the POPI Act and regulations make provision for certain restrictions and obligations.
With the commencement of the core sections of the POPI Act, organisations are advised to start their implementation process as soon as possible to avoid non-compliance penalties.
Should you require any assistance or Consumer/POPI-related advice, please contact your nearest SEESA office, or SMS the word “SEESA” to 45776 for professional legal advice.