Popular guidelines / January 31, 2021

What is Protection of Personal Information Act?

Essentially, the purpose of the Protection of Personal Information Act (POPIA) is to protect people from harm by protecting their personal information. To stop their money being stolen, to stop their identity being stolen, and generally to protect their privacy, which is a fundamental human right.

Does South Africa have a Freedom of Information Act?

One of the first African countries to pass freedom of information legislation, South Africa has a constitutional requirement for guaranteeing access to public information. This constitutional background derives from the South African culture of promoting human rights after the abolishment of the apartheid regime.

What is South African Act of access to information?

The Promotion of Access to Information Act 2 of 2000 intends: to give effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights; and. to provide for matters connected theretith.

What is Protection of Personal Information Act South Africa?

The Protection of Personal Information Act 4 of 2013 aims: to promote the protection of personal information processed by public and private bodies; to regulate the flow of personal information across the borders of the Republic; and. to provide for matters connected therewith.

Who must register for Popia?

The Act applies to any person or organisation who keeps any type of records relating to the personal information of anyone, unless those records are subject to other legislation which protects such information more stringently. It therefore sets the minimum standards for the protection of personal information.

Can personal information be shared without consent?

You can share confidential information without consent if it is required by law, or directed by a court, or if the benefits to a child or young person that will arise from sharing the information outweigh both the public and the individual’s interest in keeping the information confidential.

What requests can individuals make under the Freedom of Information Act?

Under the Freedom of Information Act and the Environmental Information Regulations you have a right to request any recorded information held by a public authority, such as a government department, local council or state school.

Which 2 laws in South Africa govern access to information in terms of email?

South African law

Section 45 of the Electronic Communications and Transactions Act, 2002 (No. 25 of 2002)
Section 11 of the Consumer Protection Act, 2008 (No. 68 of 2008)
Section 69 of the Protection of Personal Information Act, 2013 (No. 4 of 2013) (“POPIA”)

What is the right to access to information?

Access to information is a fundamental human right which establishes that everyone can access information from public bodies, subject only to a limited regime of exceptions in keeping with a democratic society and proportionate to the interest that justifies them.

Who appoints an information officer?

This position is automatically assigned to the head of an organisation (be it the chief executive officer or otherwise). An entity is entitled to appoint as many deputy information officers as may be necessary to perform the duties of an Information Officer as required by the relevant legislation.

What is the maximum penalty for non compliance with the provisions of PoPIA?

The POPI Act aims to protect South Africans’ right to privacy by regulating how personal information is processed by marketing companies and others. Failure to comply with the Act will result in a hefty fine of up to R10 million, or jail time.

What are the 7 golden rules of information sharing?

Information Sharing in Schools: The Seven Golden Rules to Follow

GDPR Isn’t a Barrier to Sharing Information.
Be Open and Honest.
Seek Advice.
Share With Consent Where Appropriate.
Consider Safety and Wellbeing.
Necessary, Proportionate, Relevant, Accurate, Timely and Secure.
Keep a Record.

Why is access to information important in South Africa?

The motivation for giving effect to the right of access to information is to foster a culture of transparency and accountability in both public and private bodies, and to promote a society in which the people of South Africa have effective access to information to enable them to fully exercise and protect all their rights.

What is promotion of access to Information Act 2 of 2000?

What is the protection of Personal Information Act 4 of 2013?

4 of 2013. The Protection of Personal Information Act 4 of 2013 aims: to promote the protection of personal information processed by public and private bodies; to introduce certain conditions so as to establish minimum requirements for the processing of personal information;