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Big fines for non-compliance with POPI Act

The POPI Act aims to protect the misuse of personal information, which is effectively any information that can lead back to an individual - a contact number, email address, identity number, or the like.

THE newly-amended Protection of Personal Information Act (POPIA) will take effect on 30 June 2021, and South African businesses and individuals who fail to comply risk facing fines of up to R10-million.

The POPI Act aims to protect the misuse of personal information, which is effectively any information that can lead back to an individual – a contact number, email address, identity number, or the like.

ALSO READ: Personal information leaks: Understanding your legal rights

This means that all content featuring personal and confidential details will fall under the Act, from medical records through to financial documents.

This is a wide scope and considering the amount of personal data dealt with by businesses and individuals on a daily basis, it’s important that everyone takes responsibility for implementing the POPI Act effectively.

According to the POPI Act:

– You may only collect personal information if you have informed consent from the person or entity you are collecting (the ‘data subject’).

– The data subject must know what the collector seeks to do with his or her personal information and where it will be safely stored.

– The data subject has the right to have the information updated on the records of the collector. – The data subjects needs to be informed of their right to demand that the information be destroyed.

– The data subject needs to be informed of their right to contact the responsible party’s information protection officer, and the Information Regulator, with queries or complaints.

– One should only ever use the minimum amount of personal information required to achieve the purpose communicated to a data subject.

Individuals and businesses must ensure they remain compliant by checking out the POPI Act regulations at https://popia.co.za/.

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