PROTECTING YOUR PERSONAL INFORMATION
POPI, POPIA or the “Protection of Personal Information Act” refers to South Africa’s data privacy law that came into effect from 1 July 2021. This law governs when and how organisations collect, use, store, delete and handle personal information. The law aims to protect people and organisations (called “data subjects”) by protecting their personal information. If your personal data is not protected, this could result in identity theft and fraud.
If the organisations that use your personal information don’t comply with this law, they risk reputational damage, being fined or imprisoned, and may have to pay out damages claims.
As an individual, the benefit of the law is that it requires that your personal information be protected. Your personal information only be collected or handled where there is a lawful justification for this.
It gives you specific rights when organisations handle your personal information and gives you greater control over your personal information. For example, you must be informed about what personal information is being collected, who is collecting this information and why, so that you are able to make an informed decision.
What is “personal information”?
Personal information is any information that can be used to personally identify a natural or legal person. Your personal information includes almost all information you can think of about a living, identifiable person. For example, this includes race, gender, pregnancy, marital status, medical history, contact details, biometric information and personal opinions.
Who must comply with the legislation?
POPI applies to all local and foreign organisations processing (this means collecting, using or handling) personal information in South Africa. Retirement funds and the administrators, consultants and all other professionals dealing with your information need to comply with the legislation.
The Information Regulator
The Information Regulator’s office has been set up to monitor and enforce compliance with the legislation.