Consumer Protection & POPI

An important change took place regarding the PAIA.

by | Aug 26, 2021

The Information Regulator, as of 30 June 2021, took over the function of the Promotion of Access to Information Act (PAIA) from the South African Human Rights Commission (SAHRC). The objectives of PAIA are to promote transparency, accountability, and effective governance on all public and private bodies. An Information Officer of a private body must compile a PAIA manual. This manual aims to facilitate requests for information from private bodies. This manual is to be made available at the...

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The Protection Of Personal Information Act (POPIA) – More Than Just Consent

by | Aug 25, 2021

As the Protection of Personal Information Act 4 of 2013 (hereafter referred to as the Act) has become fully operational since 1 July 2021 businesses have tended to be solely focused on receiving consent from people or clients. The question to ask is: “Is consent enough to process personal information?” The simple answer is no, although consent is one of the fundamental requirements in the Act. The Act requires more than just consent. When referring to Section 18 of the Act, certain...

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Tired Of Receiving And Having To Sign POPIA Data Processing Agreements?

by | Aug 23, 2021

Many have asked the question, “Do I need to sign these agreements?” Before answering this question, we need to look at the POPI Act and find out under what circumstances personal information can be processed and whether obtaining consent is the only way in which a data subject’s personal information can be processed.  From what has been in circulation recently, it appears that there is a misunderstanding or misinterpretation of the Act and its application. Section 11 of the Protection of...

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FAQ – Can POPIA provisions affect disclosure of information in hearings?

by | Aug 22, 2021

POPIA has only entered the business sector with vigour in July 2021. The following view is not to be taken as formal advice from SEESA but merely as a point of interest for possible future law development. Firstly, an employee is allowed to collect a copy of documentary evidence that comes into question. For the employee to collect a copy, Section 13 of POPIA must be considered as Section 13(1) states the collector must have a specific purpose for collecting information. It is unlikely for an...

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Did You Know? The Regulator may institute a civil action for damages against a business for a data breach.

by | Aug 19, 2021

The Regulator may institute a civil action for damages against a business for a data breach. Whether or not there is intent or negligence. What is a data breach? A data breach can be explained as the intentional or unintentional release of secure or private confidential information to any unauthorised person. A court issuing any order for damages must also order that such breach published in the gazette. Therefore, it will tarnish the reputation of the business.

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Episode 88: Practical Compliance To Consent Requirements In Section 11 Of The POPI Act

Episode 88: Practical Compliance To Consent Requirements In Section 11 Of The POPI Act

by | Aug 10, 2021

It is no secret that businesses were given until the 1st of July 2021 to ensure they become compliant with the POPI Act. Although the highly anticipated deadline date has passed, questions and uncertainty regarding what exactly is expected in terms of the condition around consent remain at the order of the day. In this podcast, SEESA Consumer Protection and POPI Legal Advisors, Elsje-Marie van Zyl and Martin Engelbrecht shed some light on the most frequently asked questions concerning consent...

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Episode 87: POPI In The Workplace – Can A Business Be 100% POPI Compliant?

Episode 87: POPI In The Workplace – Can A Business Be 100% POPI Compliant?

by | Aug 3, 2021

In this episode, SEESA Provincial Manager, Laurisé du Toit and Multi-Product Legal Advisor, Zan-Mari Kok discuss the different practical elements that need to be in place in a business with regards to the Protection of Personal Information Act (POPIA). They furthermore discuss what it means to have a POPI data breach and the implications thereof. Click here to listen to our podcast! Need assistance with the POPI Act? Contact your nearest SEESA office for assistance, alternatively “SMS” the...

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What You Need To Know About The POPI Act After 1 July 2021

by | Aug 3, 2021

With the Protection of Personal Information Act (POPIA) now in full effect, it is imperative for all organisations dealing with personal information to be even more committed to protect personal information. What Is Personal Information? Personal information is defined by POPIA as any information that can be used to identify you as a person (whether natural or juristic). Examples include identity numbers, account numbers, telephone numbers, email addresses, physical addresses and other unique...

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Consent To Process Personal Information

Consent To Process Personal Information

by | Jul 19, 2021

Most businesses only process data subjects personal information based on consent but Section 11 will not limit processing only from consent, but emphasise that more factors could lead to lawful processing; we will look at some of those factors.Consent occurs when one person voluntarily agrees to the proposal or processing of another data subject personal information. Types of consent include implied consent, express consent, informed consent and unanimous consent.During the implementation of...

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FAQ – How many Information Officers must be appointed in my business with reference to POPIA?

FAQ – How many Information Officers must be appointed in my business with reference to POPIA?

by | Jul 9, 2021

In terms of Sections 55 and 56 of POPIA, the Information Officer will be the Chief Executive Officer, owner or an equivalent officer or any person duly authorised by the business. Therefore, the CEO must delegate the function of Information Officer to an alternative person to take up the enrolment of the Information Officer. It is clear that only one Information Officer can be appointed for the entity/business. Concerning the appointment of a Deputy, more than one may be appointed depending on...

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