By Nomfundo Jele
The Protection of Personal Information Act 4 of 2013 (POPIA), which seeks to balance the right to privacy against other rights, such as access to information, has been put into operation incrementally. Some sections, including those dealing with the establishment of the Information Regulator, came into operation in 2014. Sections 2 to 38; ss 55 to 109; s 111; and s 114(1), (2) and (3) came into operation on 1 July. These sections, among others, deal with the conditions for the lawful processing of personal information, the Codes of Conduct issued by the Information Regulator and the regulation of direct marketing by means of unsolicited electronic communication. As per s 114(1), by 1 July 2021, all private and public bodies must comply with the Act. Legal practitioners are urged to familiarise themselves with the provisions of the Act so that they are ready to deal with peoples’ data.
Nomfundo Jele, Acting Communications Manager, Law Society of South Africa, nomfundom@lssa.org.za
