POPI Act Regulations Summary
Regulations relating to the Protection of Personal Information Act (POPI Act / POPIA) were published in the Government Gazette on 14 December 2018. This represents an element of progress in the Information Regulator of South Africa’s office.
While the POPI Act Regulations have now been published, the effective date for them to be effective has not been issued as yet.
The new and final POPI Act Regulations include the following:
High level narrative for the Responsibilities of the Information Officer role and for each of the 19 forms contained in the regulations. A list of the forms is shown below:
- Form 1 – Objection to the processing of personal information
- Form 2 – Request for correction or deletion of personal information or destruction or deletion of record of personal information
- Form 3 – Application for Issuing code of conduct
- Form 4 – Request for data subject’s consent to process personal information
- Form 5 – Submission of complaint
- Form 6 – Regulator acting as conciliator during investigation
- Form 7 – Conciliation Certificate
- Form 8 – Pre-investigation proceedings of Regulator
- Form 9 – Settlement of complaints: Settlement Meeting
- Form 10 – Settlement Certificate
- Form 11 – Request for an Assessment
- Form 12 – Assessment Notification
- Form 13 – Informing the parties of developments regarding investigation – advice that an enforcement notice will not be issued
- Form 14 – Advice that a complaint has been referred to the Enforcement Committee
- Form 15 – Serving of an Enforcement Notice
- Form 16 – Cancellation of an Enforcement Notice
- Form 17 – Notice of Appeal
- Form 18 – Notice that an appeal against an enforcement notice has been allowed
- Form 19 – Notice of Dismissal
It is not particularly easy to read the narrative and to link it to the forms. IACT-Africa has, therefore, developed a summary of the final regulations which provides practical context for each form as well as recommended actions for the various parties. The summary also contains recommendations relating to the Information Officer.
A number of the forms are for use by the Information Regulator so we have included these to help inform the parties what they should expect to receive from the Regulator should any action be taken against them.
The POPI Act Regulations Summary document is available on request.
Please contact us if you would like to receive the summary document.