ARTICLE
26 September 2017

POPI Regulations - A Step Closer

F
Fasken

Contributor

Fasken is a leading international law firm with more than 700 lawyers and 10 offices on four continents. Clients rely on us for practical, innovative and cost-effective legal services. We solve the most complex business and litigation challenges, providing exceptional value and putting clients at the centre of all we do. For additional information, please visit the Firm’s website at fasken.com.
The Regulations comprise a number of prescribed forms as annexures.
South Africa Privacy

The Regulations comprise a number of prescribed forms as annexures. These include forms which may be used by the data subject to lodge an objection to processing of personal information to the responsible party; to correct or delete personal information as held by the responsible party and to submit a complaint to the Regulator.

There is also a prescribed form setting out an application for the consent of a data subject for the processing of personal information for the purpose of direct marketing.

The Regulations also stipulate the obligations of the information officer, which include:
ensuring a compliance framework and adequate measures to comply with the conditions for the lawful processing of personal information and updating the manual published in terms of the Promotion of Access to Information Act to address various aspects of processing in terms of POPI.

A private or public body which represents a class of bodies, industry, profession or vocation may apply to the Regulator for codes of conduct to be issued which stipulate a standard for POPI compliance within that particular class, industry, profession or vocation.

The Regulations also set out the powers of the Regulator when conducting a pre-investigation and handling an investigation in relation to allegations of interference with the protection of the personal information of a data subject.

The publication of the Regulations may be a sign that commencement of the remaining provisions of POPI is imminent.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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