The Information Regulator in South Africa may issue Guidelines on drafting Codes of Conduct under the Protection of Personal Information Act, 2013 (POPIA). The regulator is currently in the process of drafting the guidelines and is consulting with anyone who has an interest in the guidelines. You can give input and make comments in writing before a date the Information Regulator will announce. The Information Regulator held an in-person consultation with interested parties on 6 November 2019 at the Midrand Conference Centre.
Guidelines of the Information Regulator
According to section 65 of POPIA, “the Regulator may provide written guidelines:
- to assist bodies to develop codes of conduct or to apply approved codes of conduct;
- relating to making and dealing with complaints under approved codes of conduct; and
- about matters the Regulator may consider in deciding whether to approve a code of conduct or a variation or revocation of an approved code of conduct.”
“Before providing guidelines for the purposes of subsection (1)(b), the Regulator must give everyone the Regulator considers has a real and substantial legitimate interest in the matters covered by the proposed guidelines an opportunity to comment on them. The Regulator must publish guidelines provided under subsection (1) in the Gazette.”
What do the Guidelines on drafting Codes of Conduct cover?
- Introduction: Legislative Framework
- Issuing of Codes by the Regulator
- Code Governance
- Complaints Handling Procedure
- Reviewing, Varying and Revocation of Approved Code
Actions you can take
- Consider what impact the draft guidelines will have on your organisation by downloading the Guidelines on drafting Codes of Conduct Draft for consultation. We’ve heard that there is a later version of this draft but we don’t have a copy of it because the Information Regulator has not yet made it available.
- Submit input or comments on the draft guidelines by emailing them to Varsha Sewlal before 20 November 2019 or asking Michalsons to do it for you.
- Give verbal input or comment by attending on 6 November 2019 or ask Michalsons to attend on your behalf.
- Find out how these guidelines or a code of conduct will impact your specific circumstances by getting our advice.