Just when we thought the year of 2018 was over and done with, the Information Regulator published the Final Regulations to the Protection of Personal Information Act (POPI) on 14 December 2018, following the first draft of the Regulations which were published for public comment on 8 September 2017.
What effect will the Final Regulations have and what does the publishing of these Final Regulations mean?
While these regulations appear to be short, it does provide us with forms in order to give effect to some of the requirements created by the POPI Act. The complaint and conciliation processes are set out in the regulations as well as the corresponding forms to submit a complaint and for the Information Regulator to communicate to the relevant parties. It further gives the Information Regulator the power to act as conciliator when a complaint is being investigated.
There are 2 important aspects to take note of.
- Regulation 4 creates further responsibilities for the Information Officer to adhere to, above and beyond as to what Section 55 of the POPI Act already provides.
- These Final Regulations are of utmost importance to those who are involved with direct marketing,
Regulation 4 of the POPI Act sets out that an information officer must:
- Develop, implement and monitor a compliance framework.
- Ensure that a personal information impact assessment is done to ensure that adequate measures and standards exist.
- Develop, monitor, maintain and make available a Promotion of Access to Information Act (PAIA) manual.
- Develop internal measures and adequate systems to process requests for access to information.
- Ensure that internal awareness sessions are conducted.
Each business will need an information officer who understands what the POPI Act and Final Regulations require from them as to what their responsibilities are.
With these Final Regulations being published, we are one step closer to the implementation date of the POPI Act, so make sure you are POPI compliant.
ABOUT THE AUTHOR
Ruan Pretorius is a SEESA Consumer Protection & POPI legal advisor in Pretoria. He obtained his BCom Law and LLB degrees from the University of Pretoria and completed his articles of clerkship at Geyser and Coetzee Attorneys in Centurion. He started his career at SEESA in 2017.