Tag archives: Personal information

Access to personal devices in competition claims

By Juliana Munyembate and Rosalind Lake (ZA) on August 14, 2020 Posted in General

The High Court in England has ruled that it can order companies accused of breaking competition rules to require employees to disclose work-related communications stored on personal electronic devices. The court was dealing with a disclosure and inspection dispute in relation to a competition damages claim filed by a mobile phone retailer. Phones 4U’s insolvency … Continue reading

South African Data Privacy laws finally come into force

By Rosalind Lake (ZA) and Priyanka Naidoo on June 22, 2020 Posted in General

On 22 June 2020, the effective commencement of the Protection of Personal Information Act 2013 (POPI) was gazetted as 1 July 2020. Anyone processing personal information in South Africa will have a 12 month grace period to ensure that they comply with the requirements of POPI. After 1 July 2021, any non-compliance with POPI will … Continue reading

Should South African media name those who die of COVID-19?

By Yash Naidoo and Priyanka Naidoo on April 14, 2020 Posted in General

The answer to this question posed by the media, probably lies in the National Health Act (the Act). The Act provides that all information concerning a patient, including their health status, treatment or stay in a health establishment, is confidential. This information may not be disclosed unless: the patient consents to that disclosure in writing; … Continue reading

South African Post Office is obliged to make address information available during disaster

By Ildiko Gyarmati and Priyanka Naidoo on April 7, 2020 Posted in General

In terms of section 8.2 of the Electronic, Communications, Postal and Broadcasting Directions, the Minister of Communications has directed that the South African Post Office may make available its national address system and any other applicable database to assist authorities to identify and trace individuals who are infected by COVID-19, and others who have been … Continue reading

Legal implications of Coronavirus on global and local business

By Steve Chemaly and Malcolm Hartwell on March 7, 2020 Posted in General

The outbreak of COVID-19 (Coronavirus) has affected many areas of business, and the legal implications extend far beyond the obvious sectors such as tourism and employment law. Click here to look at our publications for a range of insights on the impact of the pandemic if it continues to spread. Here are eight areas affected … Continue reading

Information Regulator: CR17 campaign leaks

By Priyanka Naidoo on October 3, 2019 Posted in General

Privacy and data protection concerns have been triggered by Public Protector Busisiwe Mkhwebane’s reliance on President Cyril Ramaphosa’s private emails and bank statements of various entities used by his CR17 presidential campaign team. These records were used by Mkhwebane to support her report, which found that Ramaphosa had misled Parliament by failing to declare the … Continue reading

UK loss adjusters guilty of breach of data protection

By Patrick Bracher (ZA) on March 29, 2018 Posted in General

A jury in England has found four individuals and the firm providing loss adjusting and claims management services guilty on charges of unlawfully disclosing personal data that was illegally obtained regarding the financial information of a number of individuals including details of their banking transactions. The firm used private investigators who obtained and disclosed the … Continue reading

Information Regulator makes first statement about unlawful processing

By Kerri Gevers (SG) on February 18, 2018 Posted in General

Although the Information Regulator is not yet fully operational, it has already received numerous complaints relating to the unlawful processing of personal information under the Protection of Personal Information Act 2013 (POPI). POPI itself is not yet fully in force. We are currently awaiting publication of a revised draft of the regulations following the closure … Continue reading

Information Regulator – more than a POPI regulator

By Tatum Govender (ZA) and Rakhee Bhikha on February 27, 2017 Posted in General

In her latest briefing session on 13 February 2017, advocate Pansy Tlakula, Chairperson of the Information Regulator, elaborated on the work that the office of the Information Regulator will be focused on and the progress they have made thus far, namely: Commencement date The Department of Justice informed the members of the Information Regulator that … Continue reading

POPI Regulator to commence duties on 1 December 2016

By Nerushka Bowan on October 27, 2016 Posted in General

The functions of the Information Regulator include: to provide education about the Protection of Personal Information Act, for example, giving advice to data subjects in the exercise of their rights; to monitor and enforce compliance with POPI; to consult with interested parties; to handle complaints; to conduct research and to report to Parliament; to issue … Continue reading

POPI-type insurance decision in USA

By Patrick Bracher (ZA) on May 21, 2015 Posted in Insurance

The Connecticut supreme court found that a policy covering damage caused through the publication of private material was not triggered because there was no proof that the information on the lost tapes was ever accessed by anyone. In 2007 a cart holding computer tapes fell out of the back of a transportation contractor’s van onto … Continue reading

POPI takes its first steps

By Desiree Reddy (ZA) on April 14, 2014 Posted in General

After much anticipation, an important milestone in the road to commencement of the Protection of Personal Information Act, 2013 (POPI), has been reached. From 11 April 2014, the following sections of POPI are operational: Section 1, which contains the definitions and sets out the purpose of POPI; Part A of Chapter 5 (sections 39 to 54), … Continue reading