The information regulator issued a Guidance Note on application for Prior Authorisation (dated 11 March 2021) to guide responsible parties who are currently processing or intend to process personal information which is subject to prior authorisation to ensure compliance with section 57 of the Protection of Personal Information Act 4 of 2013 (POPIA). On 27 October 2021, the regulator acknowledged that there are some mistakes in the guidance note and application form and that it will be releasing an updated application form and Guidance Note on prior authorisation. They did not say when. We’ll update this artcile when it happens.
What does the guidance note on application for prior authorisation cover?
The guidance note is to guide and simplify the understanding of POPIA. It includes some more definitions that help to interpret the law. It covers the following topics.
- Processing subject to prior authorisation
- How to complete the application form for prior authorisation
- Manner of submission of an application for prior authorisation
- Prescribed timelines for processing the application for prior authorisation
- Acknowledgement of receipt of the application
- Penalties for failure to notify processing subject to prior authorisation
- Review of the decision of the information regulator
- Contact details
Apply as soon as possible
The information regulator invites and encourages those who need authorisation to submit their applications for prior authorisation as soon as possible. The deadline is 1 February 2022. You should apply in time to give the regulator sufficient time to process them. So, you should apply no later than 5 October 2021.
Application form for prior authorisation
Responsible parties may submit their applications for prior authorisation by completing the Application Form for Prior Authorisation on applications for prior authorisation.
Need help?
Find out how Michalsons can help you with prior authorisation under POPIA.
