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The POPI Act imposes greater restrictions on the Processing of Special Personal Information, as well as Personal information of children (under the age of 18). You need to know two major differences between the GDPR and POPI. It includes eight general conditions and three less descript conditions. Download our free Cookies Policy template. The only exceptions that apply include: POPI puts significant emphasis on these special categories of information and each type of data has a list of exemptions. POPI is shorthand for the Protection of Personal Information Act No. We will contact you to find out more about your requirements or give you a quote. It is a complex law that is difficult to summarise. The second biggest difference lies in the development of privacy programs. To meet the condition, data processors must: Condition 2 also provides a unique stipulation: "Personal information must be collected directly from the data subject" except for in specific circumstances. Read more ... Offences, Penalties and Administrative Fines. The goal of the POPI Act is to protect data subjects from security breaches, theft, and discrimination. Read more at the SA government's online coronavirus portal or use the 24-hour public hotline: 0800 029 999. Offences by witnesses 101. 4 of 2013 : Protection of Personal Information Act, 2013, Please enter your details to subscribe to our mailing list. What can you do to avoid this? It doesn't protect businesses. or criminal behavior. POPI issues its rules for using South African data in Chapter three. Are annuities tailor-made for today’s investors? If I'm GDPR Compliant, Am I Also POPI Compliant? SA Fraud Prevention Service executive director Manie van Schalkwyk agreed. For a visual summary – we’ve created a guide that is a plain language POPI Act infographic. In South Africa, the right to Privacy is a constitutional right that is protected in our Bill of Rights. Compliance isn't a one-and-done event. Openness refers to your responsibility under the Promotion of Access to Information Act. But as a baseline, you should know that your IT infrastructure and personnel resources should allow you to engage in best practices for your industry. With the long awaited enforcement of the Protection of Personal Information Act (POPI) on 1 July 2020, this scenario is now highly unlikely.. The data subject also has the right to request corrections to their record when the data is out of date, incomplete, inaccurate, excessive, or obtained unlawfully. Those who feel uncomfortable being forced to have their driver’s licence scanned and their car’s number plate photographed when entering residential or business complexes could also test the legitimacy of their concerns against the POPI Act with the Information Regulator. You can also link to (or share) a specific section. South Africa’s online retailers know all about this, with demand for their click-and-deliver services ... Too much of a good thing is bad, it’s said. “With data being the lifeblood of every business, protecting it should already be a top priority. The fines that the Information Regulator may impose (once the POPI Act is fully operational) and the potential reputational damage to your business can be far reaching in the event of a Data Breach and your business can only benefit from starting to put measures in place to protect the privacy of the Personal Information your business is entrusted with and responsible for protecting. Depending on the nature of your business and the volume of Personal Information your business Processes, it is recommended that you start your POPI Compliance journey sooner rather than later. The risks of non-compliance include reputational damage, fines and imprisonment, and paying out damages claims to data subjects. Ultimately, if you process data fairly, ethically, and safely, then POPI is unlikely to require dramatic changes to your business. Download our POPI Infographic | Plan your next steps! The long-awaited Protection of Personal Information Act 4 of 2013 comes into force on Wednesday 1 July 2020, and companies will have a period of one year to get their ducks in a row or risk substantial fines and even imprisonment. Nevertheless, do you ever get one of these types of calls – “Hello Mrs./Mr. If you’re looking for a POPI Act summary to give your board or governing body, we can help you to prepare a short handout and even present the executive briefing. Generate a free Disclaimer or a free Disclosure. Certain sections of the Act relating to the establishment of an Information Regulator and the development of Regulations to the Act have commenced. Effectively, the first condition places the blame squarely on the shoulders of the data processor and no one else. If the POPI Act applies to your business, you will need to start looking at what steps need to be taken to start your POPI Compliance journey. Use our infographic to work out what your next steps should be. an individual) or a juristic person (i.e. Beware! The Operator is the party who Processes Personal Information on behalf of the Responsible Party under a contract or mandate (for example, a third party contracted to Process or store information on behalf of the Business, such as an outsourced contractor). Marketing, healthcare, and the financial industry are among the most affected because they deal with the largest amount of personal information. The POPI Act applies to all Processing of personal Information, for whatever reason. A risk assessment is an opportunity to identify your security strengths, weaknesses, and be sure that you can cope with the threats your business faces. The principles of compliance mean you must: The South African government says it can take up to two years to fully prepare for POPI compliance. Comply with ePrivacy Directive and GDPR by having a Cookies Policy. What is POPI, and what does it mean for South African institutions and data processors? How do you know if you can process data further? Condition 8 lays out the rights of the data subject. Finally, the Regulator may require the responsible party to publicize the breach if the Regulator believes doing so is reasonable. The fines that the Information Regulator may impose (once the POPI Act is fully operational) and the potential reputational damage to your business can be far reaching in the event of a Data Breach and your business can only benefit from starting to put measures in place to protect the privacy of the Personal Information your business is entrusted with and responsible for protecting. Upon receiving the request, the responsible party must complete the request within a reasonable timeframe. If you need support using the members area, please email our Support Desk or contact 0860 111 245. Are you happy for us to use cookies? According to the text, personal information is: "information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person.". The law cites exclusions from coverage, including: The data also includes any processing completed for literary or artistic expression or for the purposes of journalism. There are eight general conditions and three extra conditions. The Personal Information Protection and Electronic Documents Act (PIPEDA) is Canada's main federal law relating to privacy in the private sector. See our, Copyright 2002 - 2020 Michalsons | All Rights Reserved |, POPI Act – Protection of Personal Information Workshops, GDPR Workshop on the General Data Protection Regulation, Data protection solutions | Consult with a specialist, List of IT laws or ICT laws, rules, codes and standards, Land Information Systems (LIS) and the Law, Electronic Signature Handbook to Empower Yourself, Practically using Electronic Signatures and the Law Workshop, Legal language: Plain and simple | Presentation, iLEXplain: Plain legal language workshops, Book international professional law and legal speakers, Implement an effective compliance programme, Beautiful plain legal documents are better, Policies and procedures – Getting them right, Terms and conditions generator and sample text, Localising Documents for Specific Countries, Translating Legal Documents without Losing Meaning, Last Will and Testament | Guidance and templates, Legal guidance or legal advice that is valuable, Lexing Network of International Technology Lawyers, POPI Act summary in plain language | Find answers. It is critical that they do their part in securing customer data, employee operations, and business continuity as best as possible.”. Here's what you'll need to do in the meantime. POPI largely applies to people or groups in South Africa who process data for commercial purposes. Welcome to the Protection of Personal Information Act (often called the POPI Act or POPIA) in the form of a website so everyone can access it quickly on all devices. Thought leadership thus far considers POPI compliance to be a stepping stone to GDPR compliance, but you should be sure that your systems do meet POPI requirements within a year after POPI becomes active law. The Protection of Personal Information Act is finally here — and this is what you need to know. Not only will training guide you through what the POPI Act is about, and what it requires of you to protect the Personal Information that your business Processes, but it will also make you and your employees privacy-aware now, as you process Personal Information in your day to day business operations.

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