POPIA Frenzy – is it really necessary?

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Normally, at this time of year, the annual sardine run has the KZN coastline on full alert. Its impact on work productivity in the province is huge.

The same can be said about misconceptions about the Protection of Personal Information Act, which came into effect on 1 July 2021.

It appears that all and sundry, plus a few more, have found it to necessary to contact me regarding my POPIA status, and to assure me of just how safe my information is, and their best intentions of keeping it that way. The example below came from an optometrist I have not seen in ten years and will most likely not see in ten more.

We at ABC must comply with the Protection of Personal Information (POPI) Act that came into effect on 1 July 2020. This act regulates how we use your personal information such as address, telephone numbers and e-mail address.

We use your personal information to contact you regarding your appointments, your account, collections of optical goods and for occasional emails regarding the practice. If you are satisfied with the way we have handled your personal information in the past and permit us to continue to do so, then no further action is required from you.

If you would prefer that we don’t contact you via electronic means, you can do so by advising us on xxxxxxxx or by e-mail at ab@cd.com. We will never use your personal information for any reason other than within the normal scope of our practice.

Is it compulsory to contact each client on your books in this manner, if nothing has changed since your first contact when the rules of engagement were agreed upon? Is this the prescribed “Privacy Notice”?

“In terms of section 18 of the Protection of Personal Information Act (“POPIA”), a responsible party must notify the data subject when his / her personal information is collected.”

For as long as I can remember, (and that is quite a few years), every time something like POPIA crops up, predators (sharks?) jump on the bandwagon and offer their services at highly inflated prices.

You may be tempted to copy and paste the above example, insert your own details, and send it to all your clients. But what if this supplier had done exactly that when she got from someone else? This reminds me of the days of “chain letters” where all kinds of woe would befall you if you “broke the chain” by not sending it on.

Knowledge is power. Our advice is that you follow the Covey prescript – seek first to understand, then to be understood.

Make use of a trusted resource and compare content and price before you buy.

Moonstone offers three services. You are welcome to put us to the test:

  • Three training courses, designed for the different levels of knowledge required in your business
  • A Do-It-Yourself kit for small to medium sized businesses which contains, amongst others, all the templates you may require to kit out your practice for POPIA. Moonstone Compliance and Self-Comply clients have free access to the toolkit.
  • A Privacy Governance consultation service for those who require specialist guidance in more intricate situations. Address enquiries to support@moonstonecompliance.co.za