Since the introduction of the PoPIA Act, there has been much debate (and confusion) as to who needs to comply with the Act. Below we take a quick look at what the Act sets out and what this means for you.
The PoPI Act applies to ANY PERSON (natural or juristic) or organisation that holds any type of records which relates to the PERSONAL INFORMATION OF ANYONE.
ANY PERSON: Refers to any natural, or juristic, person, both local and foreign.
WHAT IS PERSONAL INFORMATION?
Any information relating to, but not limited to, the following; age, gender, marital status, religion, ID number, e-mail address, physical address, financial, private or confidential correspondence, telephone number and name and surname.
WHAT DOES THIS MEAN?
- If you are a natural person living in South Africa, or you are a legal entity that is registered in South Africa you need to be PoPI compliant.
- If you process personal information in South Africa you need to be PoPI compliant.
WHO IS EXEMPT FROM COMPLYING WITH POPI?
- The personal information you process is not entered into a record.
- The personal information you process is in the course of household activities only.
- The information you process is de-identified.
- If you are a public body that protects national security.
- A cabinet, its committees and the executive council of a province
- Courts referred to in Section 166 of the Constitution.
- The personal information you process is purely for journalistic, artistic or literary purposes.
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