Get ready: POPI is coming!
The Protection of Personal Information (POPI) Bill, expected to come into effect by the end of this year, will significantly impact your business because it introduces a wide range of new requirements relating to data privacy and the protection of personal information that you will have to adhere to.
Livia Dyer, partner at pan-African corporate law firm Bowman Gilfillan, commented: “Data protection rules concern the protection of individuals’ private information. The impact of the bill on the manner in which information is collected, organised, stored, used and disclosed, as well as the potential for fines, enforcement notices and increased civil action for damages, makes it important for organisations to familiarise themselves with the legislation and to align their policies, processes and procedures.”
She noted that data protection is becoming more important across Africa with new laws having been passed in South Africa, and others are under consideration in Kenya and Tanzania. Ghana has already passed similar legislation with Nigeria, Uganda and Botswana set to follow suit.
In this bill, the new general data protection laws are much more specific and detailed about how to comply with privacy rights. The POPI Act (POPIA) will introduce a new regulatory body, the Information Regulator, which will also be responsible for enforcing the act.
Who will need to comply with the new rules?
The data controller, who decides what the data processing needs to achieve and the way in which personal data should be processed, will need to comply with the data protection rules, e.g. employers collecting personal information for HR purposes, credit bureaus and the police.
If you don’t comply, the penalties range from:
- An enforcement notice issued by the regulator, to
- Civil actions for damages, and
- Administrative fines levied by the regulator of up to R10 million.
Says Dyer: “There is a transitional period of 12 months, and data controllers should ensure that they take the necessary steps to ensure that they comply.”
