The Protection of Personal Information Act or “POPI” as it has commonly been referred to,  was gazetted in November 2013, is aimed at regulating the use of and  safeguarding such information. Importantly, the potential penalty for non-compliance is a R10 million fine or ten years imprisonment.  A few sections of POPI have already commenced. The majority of POPI will only commence on a later date to be proclaimed by the President. We anticipate this to be soon and for POPI to be fully effective by the end of 2016.

This means that businesses have to establish which information they hold falls within the ambit of the Act; how it is currently stored, and by whom  it is or can  be accessed.  They will have to align the storage and accessibility of (how they “process” the information) the relevant information in line with the provisions of the Act. Where required, consents need to be obtanedto store or access information obtained from clients, staff and stakeholders.

We  recommend that businesses endeavour to comply prior to POPI becoming fully effective.

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Written by Nicolene Schoeman – Louw, Schoemanlaw Inc Cape Town