Tag Archives | POPIA

What are an employer’s options if an employee steals confidential information

What are an employer’s options if an employee steals confidential information?

The theft of confidential company information has been on the rise since the start of the coronavirus pandemic, where the move to working from home has resulted in less stringent safeguards to protect information than would otherwise exist in the office, says law firm ENSafrica. A recent report by cybersecurity software company Code42 found that […]

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When an organisation needs prior authorisation before processing information

When does an organisation need prior authorisation before processing information?

From 1 February next year, organisations that process certain types of information will have to obtain prior authorisation from the Information Regulator (IR). This will affect, among others, organisations that conduct credit or criminal background checks, or transfer special personal information to third parties in foreign countries. Section 57 of the Protection of Personal Information […]

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When can the FSCA share your personal information

When can the FSCA share your personal information?

The FSCA recently sent out a notification informing financial institutions – “data subjects” in the parlance of POPIA – that it will “continue taking necessary measures to safeguard the personal information it processes to ensure compliance to relevant sections of POPIA”. As those who have undergone the FSCA’s licensing process well know, the FSCA holds […]

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Regulator publishes proposed amendments to POPIA

Information Regulator publishes proposed amendments to POPIA

The Information Regulator (IR) has finally published the proposed amendments to the regulations issued in terms of the Protection of Personal Information Act (POPIA). It has also published the Rules of Procedure governing how a complaint must be submitted to and handled by the regulator. On 9 September, the regulator invited members of the public […]

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Is prospecting prohibited under POPIA

Is prospecting prohibited under POPIA?

In a recent article titled Will POPIA kill the life blood of the Financial Services industry? Danelle van Heerden, Head: Advice Solutions Retail Affluent at SanlamConnect dissects this very important issue. The Protection of Personal Information Act (POPIA) will protect South Africans’ constitutional right to privacy. This includes a requirement for lawful justification to exist […]

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POPIA Frenzy – is it really necessary?

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, […]

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PAIA Manual requirements postponed

Unbeknown to most of our readers, they almost became criminals overnight. In an article titled Important changes to PAIA on Monday we reported about changes to the Promotion of Access to Information Act (PAIA) which would become effective today, 1 July 2021. We also noted that, unlike over the past 20 years, it appears that […]

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Potential POPIA impact on social media

A very interesting article on the Werksmans website provides some insight into what may just be the first of many unforeseen outcomes of this new legislation.   A Legalbrief Today article points out that, in the focus of the Act on juristic entities, it may have lost sight of how it would impact on natural […]

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