Popi Regulations – A Step Closer
This article has been supplied.
Written by labour lawyer Melanie Hart www.fasken.com
The Information Regulator has published Regulations in terms of the Protection of Personal Information Act, 4 of 2013 (“POPI”)
The Regulations comprise a number of prescribed forms as annexures. These include forms which may be used by the data subject to lodge an objection to processing of personal information to the responsible party; to correct or delete personal information as held by the responsible party and to submit a complaint to the Regulator.
There is also a prescribed form setting out an application for the consent of a data subject for the processing of personal information for the purpose of direct marketing.
The Regulations also stipulate the obligations of the information officer, which include: ensuring a compliance framework and adequate measures to comply with the conditions for the lawful processing of personal information and updating the manual published in terms of the Promotion of Access to Information Act to address various aspects of processing in terms of POPI.
A private or public body which represents a class of bodies, industry, profession or vocation may apply to the Regulator for codes of conduct to be issued which stipulate a standard for POPI compliance within that particular class, industry, profession or vocation.
The Regulations also set out the powers of the Regulator when conducting a pre-investigation and handling an investigation in relation to allegations of interference with the protection of the personal information of a data subject.
The publication of the Regulations may be a sign that commencement of the remaining provisions of POPI is imminent.
Website: www.fasken.com/johannesburg
Email: johannesburg@fasken.com
Fasken Martineau
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