Legal updates and opinions
News / News
Affected persons are invited – again – to provide comments on The Code of Conduct for The Banking Association of SA
On 24 June 2022, the Information Regulator of South Africa (Information Regulator) published a notice in terms of section 61(2) of the Protection of Personal Information Act 4 of 2013 (POPIA) that it is in receipt of a code of conduct from the Banking Association of South Africa (BASA) that deals with how personal information will be processed in the banking sector.
The above recent notice is a carbon copy of the notice that was published on 11 June 2021 and also issued under section 61(2) of POPIA inviting affected persons to provide comments to the code of conduct.[1]
Have there been any changes to the code of conduct in the interim? No.
We have previously written on the full extent and expanse of the code of conduct, and note that the code outlines the appropriate practices to be followed by members of BASA for the lawful processing of personal information in terms of POPIA.
Whether by choice or necessity, most South African citizens have a bank account or perform financial transactions with banks. The activities range from online shopping to payment of their monthly bills and bank and credit union account management. All these activities involve huge chunks of personal information and often sensitive information.
Accordingly, the code of conduct serves as a significant undertaking by BASA and its members on how the processing of personal information will comply with POPIA. The notice invites affected persons to provide comments to the code of conduct on or before 14 July 2022.
[1] See the notice issued by the Information Regulator on 11 June 2021, accessed on 30 June 2022.
Latest News
New procedures when natural persons cease their SA tax residency
Cease SA tax residency The South African Revenue Service ("SARS") recently issued guidance on its website on what the cessation [...]
A bank’s duties to non-customers – clarified or extended?
A bank's duties to non-customers When money is deposited into a bank account, it becomes the property of the bank. [...]
Finally, my little eye spies a PAIA Guide!
Promotion of Access to Information Act 2 of 2000 The 28th of September was declared by UNESCO in 2019, as [...]
Notification of data breaches… setting the record straight
Report data breaches "We reminded them of their duty to report any breach in data security to us. The report [...]
The requirements for Rescission Applications, restated
The requirements for Rescission Applications The Constitutional Court recently handed down judgment in what was effectively a refresher course on [...]
Data breaches: to notify, or not to notify, that is the question
Data breaches We have had a number of clients approach us on the issue of security compromises or "data breaches" [...]
