9.3 Data protection and privacy laws

Protection of Personal Information Act (POPIA) in South Africa:

Scope:

  • Governs how organizations handle personal information within South Africa.

Key Principles:

  • Requires responsible and lawful processing of personal information.
  • Mandates transparency and obtaining consent for data processing.

Rights of Data Subjects:

  • Individuals have the right to know, access, and correct their personal information.
  • They can object to the processing of their personal data.

Data Processing Principles:

  • Personal information must be processed lawfully and for a specific, legitimate purpose.
  • Organizations must implement security measures to protect personal information.

Data Officer Responsibilities:

  • Organizations must appoint an Information Officer to ensure compliance with POPIA.
  • Information Officers are responsible for managing and securing personal information.

Data Breach Notification:

  • Organizations must report data breaches to the Information Regulator and affected individuals.

Cross-Border Data Transfers:

  • Personal information can only be transferred across borders with similar data protection laws or with the data subject’s consent.
  • Compliance with POPIA is crucial for organizations in South Africa, ensuring the ethical and responsible handling of personal information and protecting individuals’ privacy rights.