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
An exercise in restraint of trade agreements, what not to do!
by Bradley Workman‑Davies, Director, Kerry Fredericks, Director and Benedict Ngobeni, Candidate Attorney Restraint of trade agreements are characterised by the [...]
ChatGPT: magic bullet or the beginning of the end?
Only two months ago, OpenAI Incorporated (OpenAI), an American artificial intelligence research laboratory, launched the Chat Generative Pre-trained Transformer, more [...]
Blackouts, further tariff hikes point to ‘inevitable’ financial distress for SA businesses this year
Rolling blackouts and the recently imposed 18.65% Eskom tariff hikes from April this year are likely to place additional stress [...]
Crypto asset regulation gaining traction in South Africa
The Finance Minister, Enoch Godongwana published Government Notice 2800 of 29 November 2022 in Government Gazette 47596 ("Notice") to amend Schedules [...]
When is CTC not available as CTC?: Part 2
In the September 2022 edition of Legal Weks we published an article titled "When is CTC not available as CTC" [...]
The test for merger specificity restated and endorsed
As part of the merger notification process, merging parties must disclose whether the merger will or even has caused job [...]
