Protection of personal information act, 2013
POPIA applies to:
Any public or private body or any other person who, alone or in conjunction with others, determines the purpose of and means for processing personal information (responsible party). Any person who processes personal information for a responsible party in terms of a contract or mandate, without coming under the direct authority of the responsible party.
Does POPIA also apply to personal information of companies?Yes
Are there any exemptions or exclusions from compliance with POPIA?
Yes
There are a number of exclusions and exemptions from compliance with the information processing principles prescribed by POPIA. These exclusions and exemptions apply depending on the type of information being processed and how it is processed.
What is personal information?
Personal information is set out extremely wide stated and includes any information that can identify a person, including, but not limited to:
Contact details
Demographics
History
Opinions
Biometrics
Correspondence
What is processing?
Processing broadly means anything that is done with the personal information, including:
Collection, usage, and storage
Modification and destruction
Dissemination
When will POPIA come into effect?
POPIA will be fully implemented on 1 July 2021.
What are some of the company obligations under POPIA?
Allow the subject of the information to see it upon request.
Ensure it is relevant and up to date.
Only collect information that you need for a specific purpose.
Only hold as much as you need, and only for as long as you need it.
Apply reasonable security measures to protect it.
What is special personal information?
Information concerning:
• a child
• religious or philosophical beliefs
• race or ethnic origin
• trade union membership
• political opinions
• health
• DNA
• sexual life
• criminal behaviour
What is the sanction for non-compliance with POPIA?
Non-compliance with the Act could expose the responsible party to a fine of R10 million and/or imprisonment of up to 10 years.
For more information, contact:MatetaMC@ufs.ac.za