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
Protection of Personal Information Act
Should South African media name those who die of COVID-19?
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
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South African Post Office is obliged to make address information available during disaster
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…
Cyber risk during COVID-19 outbreak
A common response by businesses to the spread of COVID-19 has been to implement measures that require social distancing and remote working. To ensure business continuity, some of these measures rely on the availability of technology like VPN access, as well as the use of online platforms to hold team meetings, client calls, vendor engagement,…
Legal implications of Coronavirus on global and local business
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…
POPI – possible date of full commencement 1 April 2020
In a January 2020 interview, the Chairperson of the Information Regulator, Pansy Tlaluka, indicated that her office has requested President Ramaphosa to sign the remaining provisions of POPI into full force by 1 April 2020. These provisions will establish the minimum requirements for lawful processing of personal information with which all private and public persons…
Information Regulator: CR17 campaign leaks
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…
Information Regulator makes first statement about unlawful processing
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…
Information Regulator – more than a POPI regulator
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…
Information Regulator held its inaugural meeting on 1 December 2016
According to a media statement issued by the Chairperson of the Information Regulator, Advocate Pansy Tlakula, the Information Regulator’s office held its inaugural meeting on 1 December 2016 at Salu Building in Pretoria. During the meeting the following responsibilities were allocated to the full-time members:
- Adv Collen Weapond has been designated as the full-time member
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