Dec 1, 2022

DYK – The Protection Of Personal Information Act 4 Of 2013 (POPIA) Prescribes Compulsory Requirements For The Registration Of Information Officers (IO’s) With The Information Regulator (IR)?

The responsible parties and their IO’s must ensure strict compliance with the relevant provisions of the POPIA and PAIA and respective regulations under the above legislation.

“Information Officer” means an Information Officer or Deputy Information Officer as contemplated in terms of Sections 1 or 17 of the Promotion of Access to Information Act.

“Personal Information” means information relating to an identifiable, living, natural person, or existing juristic person, including biometric information, personal opinions, views or preferences, and correspondence sent. The views or opinions of another individual, the person’s name if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.

Section 93(b)(ii) of POPIA empowers the Enforcement Committee to make any recommendation to the Regulator necessary or incidental to any action that should be taken against an Information Officer regarding PAIA.

An Information Officer may, on conviction, be held criminally liable if there is non-compliance with an Enforcement Notice, a fine, or imprisonment for a period not exceeding three years or both.

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