Given many entities’ proactive compliance with the provisions of the Protection of Personal Information Act despite it not being enforceable, companies should be considering the impact of POPI (or data privacy laws with wide reach) when they carry out due diligence investigations. Depending on the nature of the transaction, the due diligence process can involve

On Wednesday, 7 September 2016, the National Assembly approved the nomination of advocate Pansy Tlakula as the Chairperson of the Information Regulator for the Protection of Personal Information Act 2013 (POPI).

Four other appointments that were approved –

  • full-time members Advocate Lebogang Stroom and Johannes Weapond; and
  • part-time members Professor Tana Pistorius and Sizwe Snail.

The high court has ruled that a civil litigant’s private Facebook messages, which were unlawfully obtained by the hacking of his personal account, were nevertheless admissible as evidence against him.

In Harvey v Niland, the litigants were members of the same corporation.  Niland was also an employee of the corporation.  After leaving his employment