Legal updates and opinions
News / News
Long road to data protection
On 14 December 2018, the Regulations relating to the Protection of Personal Information were finally published by the Information Regulator (“Regulator“) under section 112(2) of the Protection of Personal Information Act, Act 4 of 2013. These Regulations shall commence on a date to be determined by the Regulator by Proclamation in the Government Gazette.
WHAT YOU NEED TO KNOW
The Regulations provide for various forms to be completed when a data subject wants to:
- object to the processing of their personal information;
- request the correction, deletion or destruction of their personal information; and
- lodge a complaint with the Regulator.
More importantly and for immediate action, companies must take note of and implement, the additional responsibilities of the Information Officer to ensure that:
“(a) a compliance framework is developed, implemented, monitored and maintained;
(b) a personal information impact assessment is done to ensure that adequate measures and standards exist in order to comply with the conditions for the lawful processing of personal information;
(c) a manual is developed, monitored, maintained and made available as prescribed in sections 14 and 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000);
(d) internal measures are developed together with adequate systems to process requests for information or access thereto; and
(e) internal awareness sessions are conducted regarding the provisions of the Act, regulations made in terms of the Act, codes of conduct, or information obtained from the Regulator.”
Furthermore, the Regulations provide for forms setting out the necessary information required in terms of which the Regulator will exercise its duties.
The publication is a clear step in the direction of the Regulator commencing official duties early in 2019.
As a country, we are soon to embark on an interesting road where the privacy of individuals and specifically data privacy will have to be considered in detail in all business activities.
Latest News
Can a sanction of a final written warning be substituted with one dismissal appeal?
ISSUE Can an employer substitute the sanction of a final written warning with one of dismissal on appeal? [...]
Application of changes to the LRA to TES employees earning below the threshold
ISSUE Whether the employees’ fixed term contracts were cancelled to avoid the ‘deeming provisions’ of the Labour Relations Act [...]
Prescription of on-demand loans – the Constitutional Court’s decision in Trinity v Grindstone
INTRODUCTION Towards the end of 2016, we drew to your attention a decision of the Supreme Court of Appeal [...]
The bounds of the right to strike in support of organisational rights by way of Section 21 of the LRA
Section 21 of the Labour Relations Act 66 of 1995 states that any registered trade union may notify an employer [...]
Appointment of Information Regulator
INTRODUCTION On 7 September 2016, the National Assembly voted in favour of appointing the former IEC chairperson Advocate Pansy [...]
Increase in minimum wage for hospitality workers
On 10 June 2016, the Minister of Labour published an amendment to the minimum wage for Sectoral Determination 14 which [...]
