What is POPI Act?

Written by
Luke Marthinusen

The POPI Act is a South African data privacy law that regulates how personal information is collected, used, processed, stored, and shared by public and private entities. It aims to protect personal information and impose obligations on organisations that process it.

Introduction

The Protection of Personal Information Act (POPIA), also known as the POPI Act, is a South African data privacy law enacted on 1 July 2021.

As more organisations collect and process (and unfortunately abuse) our information, data privacy has become an increasingly important issue.

In this blog post, we will explore what the POPI Act is, who it applies to, and how it affects businesses. By the end of this post, you will have a better understanding of how the POPI Act affects you and your organisation.

 

POPIA is concerned with the protection of personal information of a person (data subject) being processed by an operator.

Why are Data Privacy laws important?

Data privacy laws protect our personal information

Data privacy laws are important because they protect the personal data of individuals. This information can include a wide range of data, such as names, addresses, contact details, financial information, health information, religious or philosophical beliefs, political opinions, employment history, and personal or household activity.

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  1. Scope of the Act

 

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The Protection of Personal Information Act was created to protect the privacy of personal information by regulating its collection, use, and disclosure by public and private entities, and by giving individuals the right to access and control their personal data.

As businesses collect ever larger amounts of data on individuals, for business functions such as electronic communication, direct marketing electronic communications, financial record storage, and more, such personal information must be protected.

  • Scope of the act
  • Conditions for lawful processing of personal information
    • Collection and processing of personal information with consent
    • Processing personal information for legitimate purposes
    • Processing of sensitive personal information with explicit consent

 

  1. Scope of the act
    1. Provides clear definition of personal information
    2. Applies to both public and private entities
  2. Conditions for lawful processing of personal information
    1. Collection and processing of personal information with consent
    2. Processing personal information for legitimate purposes
    3. Processing of sensitive personal information with explicit consent

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