Information Regulator finalising guidance notes as PoPIA compliance nears
The Information Regulator (IR) of South Africa is processing public comments received on the draft guidelines for registration of information officers under the Protection of Personal Information Act (PoPIA), and the Guidance Note on Information Officers and Deputy Information Officers will be published on its website on or before the end of April, with registration set to commence on May 1.
The IR is also finalising the Guidance Note on Exclusions and Exemptions from PoPIA, the Guidance Note on processing of personal information across borders and the template for notification of security compromises in terms of Section 22 of PoPIA.
This is in preparation for the deadline for public and private bodies to ensure their processing of personal information conforms to PoPIA on July 1, with 100 days remaining, the IR said in a March 24 statement.
The IR is considering applications for approval of Codes of Conduct. The Guidelines to develop Codes of Conduct, as well as the standards for making and handling complaints under approved codes of conduct, were gazetted on February 19 and are available on its website. The IR can now receive applications for codes of conduct and applications may be sent to codes.IR@justice.gov.za.
The regulator is also considering applications for prior authorisation. The Guidance Note on application for Prior Authorisation was issued on March 11 and is available on the IR website.
"Accordingly, responsible parties may submit their applications for prior authorisation to priorauthorisationIR@justice.gov.za. These processes are in preparation for the full implementation and enforcement of PoPIA on July 1," the regulator said in the statement.
The IR added that failure to comply with certain provisions of PoPIA may result in the IR imposing an administrative penalty of up to R10-million as of July 1 or imprisonment for a period not exceeding ten years, or to both a fine and such imprisonment.
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