POPI Act

30/06/2021

INTRODUCTION
The purpose of the Protection of Personal Information Act 2013 (the Act), is to protect the personal information of individuals which they have supplied to Institutions/responsible parties, and to ensure that this information is only used for the purpose that it was supplied. The Act regulates the manner in which South African Institutions/responsible parties may conduct themselves when collecting, processing, storing and/or sharing personal information obtained by them.

With effect from 1st July 2021 the regulations of the Act will start being enforced by the Information Regulator. In terms of the Act, Institutions/responsible parties must be registered with the Information Regulator, must have inter alia, reasonable security measures, data protection policies and privacy policies in place to preserve the personal information of subjects.
The Act regulates the procedure to be followed when there is a breach of data and/or information. Institutions/responsible parties who abuse or compromise the personal information will be held accountable by the Information Regulator.

CONSENT
Consent to process information may at any time be withdrawn by a data subject. In terms of the Act in the following instances, consent will not be necessary:

Where processing of information:
1. is required to carry out an action for the conclusion of a contract to which the data subject is a party
2. protects a legitimate interest of the data subject
3. is necessary to pursue a legitimate interest of the Institution/responsible party or of a third party to whom the information is supplied
4. complies with an obligation imposed by law on the Institution/responsible person
5. is necessary for the proper performance of a public law duty by a public body

Other than above, if the Institution/responsible party wishes to process information of a data subject, or if the data subject is a minor child, the Institution/responsible party is obliged to obtain the consent of the data subject.
The Act stipulates that an Institution/responsible party may not keep the personal information longer than required to fulfil the purpose for which is was obtained.

For further information regarding our Privacy Policy, visit our website- www.duplessisvanloggenberg.co.za and click on the POPI ACT tab.