Tag archives: Protection of Personal Information Act

What does data privacy mean for due diligence investigations?

Photo of Rosalind Lake (ZA)Photo of Priyanka NaidooBy Rosalind Lake (ZA) and Priyanka Naidoo on Posted in General
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 … Continue reading

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

Photo of Yash NaidooPhoto of Priyanka NaidooBy Yash Naidoo and Priyanka Naidoo on 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

Photo of Ildiko GyarmatiPhoto of Priyanka NaidooBy Ildiko Gyarmati and Priyanka Naidoo on 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

Cyber risk during COVID-19 outbreak

Photo of Priyanka NaidooPhoto of Rosalind Lake (ZA)By Priyanka Naidoo and Rosalind Lake (ZA) on Posted in General
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, … Continue reading

POPI – possible date of full commencement 1 April 2020

Photo of Priyanka NaidooBy Priyanka Naidoo on Posted in General
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 … Continue reading

Information Regulator: CR17 campaign leaks

Photo of Priyanka NaidooBy Priyanka Naidoo on 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

Information Regulator makes first statement about unlawful processing

Photo of Kerri Gevers (SG)By Kerri Gevers (SG) on 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

Photo of Tatum Govender (ZA)Photo of Rakhee BhikhaBy Tatum Govender (ZA) and Rakhee Bhikha on 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

Information Regulator held its inaugural meeting on 1 December 2016

Photo of Nerushka BowanBy Nerushka Bowan on Posted in General
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 responsible … Continue reading

POPI Regulator to commence duties on 1 December 2016

Photo of Nerushka BowanBy Nerushka Bowan on 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

Medical technology initiatives announced in Health Minister’s budget speech

Photo of Nerushka BowanPhoto of Rakhee BhikhaBy Nerushka Bowan and Rakhee Bhikha on Posted in General
The use of technology in the health sector is on the rise.  The intersection of these two industries leads to interesting legal questions relating to digital risk, including big data analytics, data security and privacy. In his budget speech on 10 May 2016, Minister Aaron Motsoaledi discussed the following interesting medical technology initiatives being undertaken … Continue reading

Prepare for POPI – regulator shortlist

Photo of Nerushka BowanBy Nerushka Bowan on Posted in General
On Wednesday, 13 April 2016, ten shortlisted candidates were named by the Portfolio Committee on Justice and Correctional Services for five positions within the Information Regulator established in terms of the Protection of Personal Information Act 2013 (POPI). The shortlisted candidates are: Advocate Pansy Tlakula Mr Johannes Weapond Mr David Taylor Adv Lebogang Stroom Mr … Continue reading
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