Regulator may exempt some Popia conditions in certain circumstances
The Information Regulator said that it may exempt some public or private bodies from the conditions for the processing of certain personal information in certain circumstances.
Stakeholders can, under Section 37 of the Protection of Personal Information Act (Popia), which comes into effect on July 1, apply for exemption as long as it is in the public interest or there is “clear benefit” to the data subject.
Popia prescribes eight conditions for the lawful processing of personal information, however, it provides for exemptions in terms of Section 37 or if the processing is in accordance with Section 38.
Exemption will be granted, on a case-by-case basis and subject to reasonable conditions, if the regulator is satisfied that the public interest in the processing of personal information in question exists and the public interest is so significant that it outweighs the data subject’s right to the protection of their personal information.
Further, the processing exemption needs to involve a clear benefit to the data subject that outweighs, to a substantial degree, any interference with the privacy of the data subject or third party that could result from such processing.
“An exemption in terms of Section 37 of Popia may not be a full exemption from all the conditions for the lawful processing of personal information but may only be granted for one or some of the conditions for the lawful processing of personal information,” the regulator outlines in the Guidance Note on Exemptions.
The conditions applied may include, for example, the requirement for a responsible party to implement certain appropriate, reasonable technical and organisational measures to secure the integrity and confidentiality of personal information.
Comments
The
functionality
you are trying to access is only available to subscribers.
If you are already a subscriber, you can Login Here.
If you are not a subscriber, you can subscribe now, by selecting one of the below options.
For more information or assistance, please contact us at subscriptions@creamermedia.co.za.
Option 1 (equivalent of R125 a month):
Receive a weekly copy of Creamer Media's Engineering News & Mining Weekly magazine
(print copy for those in South Africa and e-magazine for those outside of South Africa)
Receive daily email newsletters
Access to full search results
Access archive of magazine back copies
Access to Projects in Progress
Access to ONE Research Report of your choice in PDF format
Option 2 (equivalent of R375 a month):
All benefits from Option 1
PLUS
Access to Creamer Media's Research Channel Africa for ALL Research Reports, in PDF format, on various industrial and mining sectors
including Electricity; Water; Energy Transition; Hydrogen; Roads, Rail and Ports; Coal; Gold; Platinum; Battery Metals; etc.
Already a subscriber?
Forgotten your password?
Receive weekly copy of Creamer Media's Engineering News & Mining Weekly magazine (print copy for those in South Africa and e-magazine for those outside of South Africa)
➕
Recieve daily email newsletters
➕
Access to full search results
➕
Access archive of magazine back copies
➕
Access to Projects in Progress
➕
Access to ONE Research Report of your choice in PDF format
RESEARCH CHANNEL AFRICA
R4500 (equivalent of R375 a month)
SUBSCRIBEAll benefits from Option 1
➕
Access to Creamer Media's Research Channel Africa for ALL Research Reports on various industrial and mining sectors, in PDF format, including on:
Electricity
➕
Water
➕
Energy Transition
➕
Hydrogen
➕
Roads, Rail and Ports
➕
Coal
➕
Gold
➕
Platinum
➕
Battery Metals
➕
etc.
Receive all benefits from Option 1 or Option 2 delivered to numerous people at your company
➕
Multiple User names and Passwords for simultaneous log-ins
➕
Intranet integration access to all in your organisation