If you do have an existing PAIA Manual, ensure you merge the mandatory forms to your Manual. The forms can be downloaded on the Information Regulator’s website. Very important to remember - it is a criminal offence not to have a PAIA Manual if you are required to do so, and your entity may face fines for non-compliance. Should you not have a PAIA Manual, or if your PAIA Manual has not been updated in terms of the provisions of POPIA or with the mandatory PAIA forms, contact us to assist you.
On 10 January 2022 the Supreme Court of Appeal handed down a landmark judgment in the matter of Smuts and Another v Botha and Another (887/2020)  ZASCA 3 (10 January 2022) which gives us an inside look at how our privacy laws are applied by the courts. Summary In this matter, Bool Smuts, a
It has sneaked up on us, but it looks like the long-delayed PAIA manuals must finally be compiled. POPIA is also clamouring to be included in the manuals. End of Exemption from Compiling a PAIA Manual The Promotion of Access to Information Act No. 2 of 2000, better known as PAIA, commenced in March 2001.
As most of us are aware, The Protection of Personal Information Act 4 of 2013 (the Act) was signed into law on 26 November 2013 and we have written numerous articles on the topic in the last few years while waiting for the Act to become fully operational. Certain sections of the Act have been
1st of July 2020 is the date of commencement of the bulk of the remaining sections of POPU. Anyone processing personal information in South Africa will have one year in which to become compliant with the Act.
The imposition of Covid-19 Contact Testing almost certainly limits the right to privacy. Whether this limitation can be considered unconstitutional is a question best left to the courts for adjudication, however, given the novel nature of the pandemic and the checks and balances built into Chapter 3 to prevent its abuse, it is highly likely that the contact Testing programme will pass constitutional muster in the event that it is tested.
Does your website protect you and your business? You may have a website for your business which is an important tool as you grow and develop. Whether your website is a way in which customers can directly purchase goods and services from your business (e‑commerce), or whether your website is simply an advertising tool and
You've just taken transfer of your dream home. It’s single storey, north facing so it gets the sunshine and has breath taking views. One day you notice that your neighbour is renovating. This doesn't concern you as it will add value to your property. However, you soon realise that they are not only building outwards,
The Protection of Personal Information Bill (“POPI”) will place substantial obligations on employers (both individuals and juristic entities) is expected to be enacted soon. It was submitted to the President for signature on 20 August 2013. POPI will allow for and provide conditions on the lawful processing of personal information. It will give effect to
In 2009, the Protection of Personal Information Bill was tabled in Parliament and for the first time South Africans will have their constitutional right to the privacy of their personal information enforced. The Bill will bring South Africa in line with international data protection laws and at the same time will protect personal information collected
Constitutional and common law right to privacy currently exist in South Africa. It’s not an absolute right to privacy but rather one that is balanced against competing interests. The right to be left alone should be balanced with the interest of having an open and accountable society i.e. business can often only fulfil its functions