Protection of Personal Information

Draft POPI regulations published

The draft POPI regulations have been published and they are certainly interesting. In particular the direct marketing provisions will probably cause some heart attacks among marketers. The regulations require that form 4 be used in order to get a customer to agree to receive direct marketing. 

Privacy & Data Protection SOUTH AFRICA 2017

This is the second Privacy and Data Protection South Africa conference which will be held at the Strand Tower Hotel on the 5th December 2017.

 

Paul will be addressing how to deal with the security notification at 16h50 where he will address the following issues: 

Consent - why it isn't always necessary

A recent article in the attorneys magazine De Rebus argued that consent to process personal information was always required. In this letter to De Rebus Paul Esselaar argues that consent is not always a required and - in some cases - it may be a bad idea to ask for it. Click here for the letter in the April 2015 De Rebus magazine.

Protection of Personal Information Act published

The Protection of Personal Information Act (POPI) No. 4 of 2013 has finanally been published in the Government Gazette. This means that the POPI is now an Act of Parliament (and so a law of South Africa) but no commencement date has been published yet. The commencement date is a short notice in the Government Gazette as which is signed by the President of South Africa. In terms of s114 of POPI all companies will have 1 year after the commencement date to ensure that they comply with the requirements of POPI.

 

Protection of Personal Information Bill sent to the President for signature

The National Assembly has officially sent POPI to the President for his signature. This is the last hurdle which the Bill has to clear before becoming an act. Once signed the President must announce the commencement date by a notice in the Government Gazette. Businessess will then have one year to comply.

Protection of Personal Information Bill in the NA today

POPI (the amendments by the NCOP to be exact) is going to be tabled in the National Assembly today. The approval of the changes should be a formality. We edge ever closer to data protection in South Africa.

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