Protection of Personal Information Act, 2013 explained

Short Title:	Protection of Personal Information Act, 2013
Long Title:	Act to promote the protection of personal information processed by public and private bodies; to introduce certain conditions so as to establish minimum requirements for the processing of personal information; to provide for the establishment of an Information Regulator to exercise certain powers and to perform certain duties and functions in terms of this Act and the Promotion of Access to Information Act, 2000; to provide for the issuing of codes of conduct; to provide for the rights of persons regarding unsolicited electronic communications and automated decision making; to regulate the flow of personal information across the borders of the Republic; and to provide for matters connected therewith.
Citation:	Act No. 4 of 2013
Territorial Extent:	Republic of South Africa
Enacted By:	Parliament of South Africa
Date Assented:	19 November 2013
Date Commenced:	1 July 2020
Status:	in force

The Protection of Personal Information Act (PoPIA or the PoPI Act) is a piece of legislation which governs the law of data protection and privacy in South Africa.^[1] The act was passed to regulate the right to privacy, as enshrined by section 14 of the Constitution of South Africa, and would work in conjunction with the Promotion of Access to Information Act. The President of South Africa assented to the Act on 19 November 2013. As part of the regulation a new government agency was created, the Information Regulator,^[2] an independent body which is empowered to monitor and enforce compliance of the PoPI Act within the public and private sector. The act came into force 1 July 2020, which commenced a one-year grace period during which all South African entities were expected to become compliant. The grace period ended 30 June 2021, with the commencement of the act on the 1 July 2021.^{[3] [4] [5]}

Core Obligations

The PoPI Act sets out several core obligations.^[6] Some of the key requirements include:

1. Personal information can only be processed:
   • with the consent of the data subject; or
   • if it is necessary for the conclusion or performance of a contract that a data subject is a party to; or
   • it is required by law; or
   • it protects a legitimate interest of a data subject; or
   • if processing is necessary for pursuing the legitimate interests of the responsible party or of a third party to whom the information is supplied.
2. Private and public entities must report data leaks to the affected people and the Information Regulator.
3. Organisations must appoint a responsible person who must ensure compliance to the PoPI Act.
4. Cross-border transfers of personal data are restricted.
5. Organisations that process personal information must ensure they satisfy minimum security obligations.
6. Direct marketing, the sale and use of electronic directories and automated decision making are also severely curtailed.
7. The act elevates the obligations placed on entities that process information regarding children, religious beliefs, race, ethnic origin, trade union membership, health, sex life, criminal behaviour and biometric information.

Jurisdiction

The PoPI Act applies to all persons and organisations within the borders of South Africa, and extends to visitors and illegal immigrants.^[7]

Penalties

Penalties under the Act include fines of up to R10 million and a jail sentence of up to 10 years.^[8] In July 2023, The Information Regulator fined the Department of Justice and Constitutional Development R5 million rand.^{[9] [10]}

Information Regulator
Jurisdiction:	South Africa
Headquarters:	JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Chief1 Name:	Adv. Pansy Tlakula
Chief1 Position:	Chairperson
Chief2 Name:	Mosalanyane Mosala
Chief2 Position:	CEO

Information Regulator

The Information Regulator is an independent body created in response to the PoPI and PAIA acts. It is empowered to monitor and enforce compliance of the acts within the public and private sector. It functions in terms of the two acts and is accountable to the National Assembly of South Africa.

Cybercrimes Act

South Africa does not yet have a formal cohesive piece of legislation in force which governs cybercrimes in South Africa. The Cybercrimes Act has been signed by the President of South Africa, and will come into force on a date to be proclaimed in the Government Gazette. The period between assent and commencement will be spent developing operating procedures and other documented processes for the implementation of provisions of the Act.^[11]

External links

• The Information Regulator

Notes and References

1. Web site: Protection of Personal Information Act 4 of 2013 . South African Government website . 4 May 2022.
2. Web site: Welcome to Information Regulator South Africa . Information Regulator . 20 August 2020 . 4 May 2022.
3. News: Moyo . Admire . POPIA prior authorisation commencement date set for 2022 . 4 May 2022 . ITweb . 22 June 2021.
4. Web site: Protection of Personal Information Act: Commencement of certain sections .
5. Web site: Protection of Personal Information Act: Commencement of section 58(2) .
6. Web site: Acts - Information Regulator . Information Regulator . 4 May 2022. 3 March 2022 .
7. Web site: POPI and the transfer of personal information outside of South Africa . Tonkin Clacey Inc . 4 May 2022.
8. Web site: Ramalepe . Phumi . SA's new privacy laws are in effect – companies that fail to comply can be fined up to R10m. Business Insider . 4 May 2022.
9. Web site: Information regulator fines justice department R5 million .
10. Web site: Information Regulator - Infringement notice and R5 Million administrative fine issued to the Department of Justice and constitutional Development for contravention of POPIA .
11. News: Williams . Grant . The newly enacted Cybercrimes Act and what it means for South Africans . 4 May 2022 . Golegal . 26 July 2021.