Protection of Personal Information Act

“POPI”

Comes into full effect on 1 July 2020

Are you ready?

 

The protection of privacy in South Africa has undergone intense investigation over the last decade. In late 2005 the South African Law Reform Commission found that there wasn’t adequate protection and that a new, separate piece of legislation was needed for the proper protection of one’s personal information. This paved the way for the long process which is now finally coming to an end with the Protection of Personal Information Act (“POPI”).

POPI will have as its main aim the protection of personal information. It has been stated that POPI has been designed to protect personal information given the fact that in today’s digital age there are serious implications in how this type of information is handled. Should an organisation or “responsible party” as named by POPI, request your personal information, they can only capture and use it with your consent. Organisations will further have to ensure that it is kept up to date and that they have put in place, reasonable security measures which are in line with industry standards. This in itself can be quite a tall order for many organisations that handle personal information of their clients.

From 1 July 2020 all public and private organisations that process personal information will have a transition period of one year to address their compliance.

The onus rests on the organisation to comply and compliance failure cannot only bring about reputational damage but can also lead to fines of up to R10 million or imprisonment of up to 10 years.

POPI restricts how personal information can be collected and used and to this end sets out eight principles of compliance for organisations:

  1. Accountability

All responsible parties which range from the man on the street to corporate giants must adhere to all of POPI’s principles.

  1. Processing limitation

Lawfulness is key. The method of information collection must be lawful and not infringe on one’s right to privacy. Processing must be adequate, relevant, not excessive, relative to the purpose for which the processing was undertaken and only done with the consent of the individual (barring a few exceptions). Personal information must always be collected directly from the data subject, unless the POPI provides otherwise.

  1. Purpose specification

Collection of personal information must be for a specific, explicitly defined and lawful purpose of which the individual must be aware. The purpose for which your information is going to be used must be explicitly stated and only kept until the desired result for which it was collected has been achieved.

  1. Further processing limitation

Further processing of the information must be in accordance or compatible with the purpose for which it was originally collected.

  1. Information quality

The organisation must take all reasonable steps to safeguard personal information while making sure it is accurate, complete, not misleading and updated whenever it so demands. When taking these steps, regard must be had as to the purpose for which the information was gathered or would be used for further processing.

  1. Openness

The responsible party must at all times disclose to the individual all reasons behind the collection of their personal information. This includes for example the source, application and the individual’s rights in respect of such information and who will have access to the information.

  1. Security safeguards

A responsible party must secure the integrity and confidentiality of personal information in its possession or under its control by taking appropriate, reasonable technical and organisational measures to prevent loss of, damage to or unlawful access to personal information.

  1. Data subject participation

An individual can at any time, free of charge request from an organisation whether they hold any of their private information. Upon provision thereof, the individual may demand correction or deletion of information that is inaccurate, out of date, misleading or that was obtained illegally.

Organisations need to take note of these principles and assess to what extent these principles will apply to them. Proactively obtain help to assess the compliance of your business and start putting measures in place to ensure your compliance with POPI as compliance will not be an overnight exercise and will require planning and understanding on your part.

Please do not hesitate to contact the NSV Team should you require any further information or assistance:

 JACK VAN ZYL : 082 773 7076 / This email address is being protected from spambots. You need JavaScript enabled to view it.

JOHAN SLABBER  : 083 454 8634 / This email address is being protected from spambots. You need JavaScript enabled to view it.

MARCHELLE VAN ZYL : 082 850 8792 / This email address is being protected from spambots. You need JavaScript enabled to view it.

ANNERIEN DYKMAN : 072 284 6263 /This email address is being protected from spambots. You need JavaScript enabled to view it.

NSRI’S WATER-SAFETY TIPS

It’s always tempting to take the plunge when temperatures soar and you’re in the holiday spirit....

Safe banking over the festive season

The South African Banking Risk Information Centre (SABRIC), on behalf of the banking industry,...

Reflecting on the Year 2020

The year is beginning to wind down pretty quickly and most of us are trying to fit in as much as...

HOUSING PRICES SPIKE INTO DOUBLE DIGITS

  During South Africa's lockdown, the average house price went into a rapid decline, with...

LANDLORDS AND TENANTS: Know Your Rights

This year, many stressed South Africans have been forced to tighten their belts yet another...

POPIA – THE SUMMARY

PROTECTION OF PERSONAL INFORMATION ACT (Also known as POPIA) Why do we need the Protection of...

Rent Versus Salary - What South Africans can afford accommodation?

Even before the global pandemic, South Africa was in dire a dire economic situation. Acting as a...

DECEASED ESTATE PROPERTY TRANSFERS

During a person’s lifetime, he/she will accumulate assets as well as liabilities. The assets can...

THE IMPORTANCE OF HAVING A WILL

    Most people do not know whether their loved ones have executed a Will, where...

PROS AND CONS OF EACH TYPE OF PROPERTY OWNERSHIP

Though many might not be aware of it, there are three different forms of homeownership in South...

EVERYTHING YOU NEED TO KNOW BEFORE HOUSE HUNTING

With more affordable property prices and bank approval rates at historically high levels, coupled...

FAQ's When Buying or Selling a Property

Q: To whom do I pay the deposit? A: The Purchaser’s deposit can be paid either to the estate...

CERTIFICATES OF COMPLIANCE

If you are selling your property, then you are going to most certainly need a number of...

PROPERTY PRICING - WHY AND HOW TO GET IT RIGHT

When it comes to putting a property on the market,  some sellers believe listing the property...

MY TENANT WANTS TO BUY, CAN THE RENTAL AGENT CLAIM COMMISION?

With the interest rate at a low 7%, tenants are finding that it might be cheaper to purchase...

HOW MANY CONVEYANCERS DOES IT TAKE TO TRANSFER A PROPERTY?

Buying or selling a property for the first time is a milestone event in any person's life....

DIVORCE & ACCRUAL – LIVING ANNUITIES AN ASSET IN THE ESTATE

In the case of CM v EM it was held in the Supreme Court of Appeal of South Africa...

BUILDING VS HOME CONTENTS INSURANCE KNOW EXACTLY WHAT YOUR INSURANCE COVERS

It appears that many South Africans took the opportunity to do renovations at their homes, during...

HOW TO FAST TRACK THE PURCHASE OF YOUR PROPERTY

Purchasing a property is a big decision, one in which the buyer will have...

THE IMPORTANCE OF A LIVING WILL 

What is a living will? A living will is a document that lets people state their wishes...

SOUTH AFRICAN WOMEN'S DAY

Have you ever wondered why we celebrate Women’s Day on the 9th August in South Africa? It has...

DOES YOUR HOME OFFICE QUALIFY YOU FOR A TAX DEDUCTION?

Does your home office qualify you for a tax deduction? As the old adage goes, change is as good...

HOLD ON TO YOUR STATUS AS A HOMEOWNER

Clients in financial difficulties in these tough times can get to keep their homes, provided they...

THE PANDEMIC AND BUSINESS INTERRUPTION COVER, CAN YOU CLAIM?

  “…it must be asked whether, but for the Covid-19 outbreak, the interruption or...

THE MEDIA MAY BE CALLING IT AN "ACT OF GOD", BUT WHAT DOES THE LAW SAY ABOUT FORCE MAJEURE AND COVID-19?

When disaster strikes it is easy for the world to fall into disarray. The impact of natural...

A DAY IN THE LIFE OF A CONVEYANCER DURING THE COVID 19 PANDEMIC!

A DAY IN THE LIFE OF A CONVEYANCER DURING THE COVID 19 PANDEMIC! Armed with comfortable shoes,...

Electronic Signatures in Property and Other Transactions

“To sign a document means to authenticate that which stands for or is intended to represent the...

POPI COMES INTO FULL EFFECT ON 1 JULY ARE YOU READY?

Protection of Personal Information Act “POPI” Comes into full effect on 1 July 2020 Are you...

QUESTIONS TO CONSIDER DURING THE REPORTING OF AN ESTATE

Questions to consider during the reporting of an estate   How do I report an estate to the...

ALL YOUR PROPERTY QUESTIONS ANSWERED!

All your property questions answered!   Experts answer your questions on property matters...

NO FFC - NO COMMISSION NOT ALWAYS THE CASE?

NO FFC – NO COMMISSION NOT ALWAYS THE CASE?   Estate agents are not entitled to earn...

LANDLORDS MUST 'GET REAL' ABOUT PROPERTY PRICE EXPECTATIONS

Article By Bonny Fourie Property 360 / 7 June 2020 Property is only a sound investment if you...

BUYER'S MARKET LIKELY TO LAST

Article courtesy of Property 360:  25 May 2020 No rush if you want to buy – market will go...

4 SMART THINGS YOU CAN DO RIGHT NOW TO SAVE MONEY DURING SA’S DEEP COVID-19 RECESSION

South Africa was headed for a recession way before Covid-19 turned everything upside down. As a...

PROPERTY SELLERS – PREPARE FOR SPLUMA

Many factors can delay your property transfer, and all of them are likely to cost you.  A...

WHAT ARE YOUR RIGHTS WHEN IT COMES TO FORCED COVID-19 TESTING?

As the COVID-19 pandemic is spreading across the globe, Minister of Health, Zweli Mkhize has...

How to make a will and get it witnessed

Locked down during the pandemic: How to make a will and get it witnessed The last few weeks have...

IS YOUR HOUSE IN ORDER?

Getting your house in order involves big things, such as having life insurance and a valid will,...

WHAT HAPPENS TO THE SIGNED ANTENUPTIAL IF YOUR WEDDING CEREMONY IS POSTPONED DUE TO COVID-19

The Covid-19 pandemic and the national lockdown that was implemented in order to contain the...

Arrested under the Disaster Management Act?

Arrested under the Disaster Management Act? You have the right to challenge it! Admission of...

The risks of dying without a will (Albeit not a valid one)!

Although we are in lockdown and may be working for home, many of us have a bit more time on our...

DO TENANTS STILL HAVE TO PAY RENT DURING LOCKDOWN?

 Following please find answers to the pertinent questions regarding the payment of rent...

TIPS FOR INVESTING IN PROPERTY FOR RETIREMENT

Have you ever wondered if real estate is a sound investment? Well, it certainly can be! There are...

FAQ’S FOR DIVORCES

HOW LONG DOES THE DIVORCE PROCESS TAKE? A divorce action can be finalised within one month or it...

NEW RULES FOR WHO GETS THE KIDS THIS WEEKEND

Who gets the kids this weekend? Following please find new regulations around the movement of...

WESTERN CAPE RENTAL CONSIDERATIONS

In recent times the Western Cape has become the area to stay in. With the spectacular sea view or...

WHAT TO LOOK OUT FOR BEFORE BUYING A PROPERTY

You’ve searched far and wide for the perfect home for you and your family, and you’ve finally...

CONTACT OUR PAARL OFFICE

Email: paarl@ngolaw.co.za
Tel: +27 (0)21-870-1185
Address:
 138 Main Road, Paarl, WC 7646

CONTACT OUR TYGERVALLEY OFFICE

Email: info@ngolaw.co.za
Tel: +27 (0)21 914 4481
Address: 
5 Ground Floor, Bateleur Office Park, Pasita Road, Tygervalley