POPI Act

Do what is reasonably practicable to comply with POPI

Do not try to protect all the personal information you process all of the time. You should only do what is reasonably practicable to protect personal information. This might sound strange coming from a lawyer who helps organisations to comply with [...]

By |2025-04-24T14:34:38+02:00March 3rd, 2019|Categories: POPI and Data Protection|Tags: , , , |

Review of a Commentary on the Protection of Personal Information Act

A Commentary on the Protection of Personal Information Act is a good legal textbook that lawyers and law students will find useful in raising their awareness about this very important topic that is about to become a big deal in [...]

By |2022-11-29T14:07:48+02:00December 20th, 2018|Categories: POPI and Data Protection|Tags: , , |

The law regards automatic and electronic processes

Many organisations are taking processes and looking to see how they can do them electronically and automatically. Putting digital first or moving from a paper-based environment to a digital environment. There are obviously huge benefits to going digital - saving [...]

Progress by the Information Regulator – Media Briefing

Michalsons attended the media briefing given by the Information Regulator in Cape Town on 13 February 2017. We were pleased to engage with this newly appointed, energetic, and committed team. A few key points from their presentation follow: They have [...]

By |2022-12-22T09:40:10+02:00February 14th, 2017|Categories: POPI and Data Protection|Tags: , , |

Common and different compliance requirements

Often when a new law (like a data protection law) is enacted all organisations are on the same timeline with the same deadline. They’re all on the same journey of meeting the compliance requirements to lawfully process personal information and [...]

By |2020-01-31T10:45:17+02:00November 29th, 2016|Categories: POPI and Data Protection|Tags: , , |

Is the Geolocation of Employees Lawful?

Geolocation is the identification of the geographic location of an object (like a computer) or a person (like an employee). It is obviously very useful to know where something is. Knowing that John is on the 15th floor in boardroom [...]

By |2022-12-08T15:34:36+02:00October 27th, 2016|Categories: POPI and Data Protection|Tags: , , |

Appointment of the Information Regulator for POPI and PAIA

Today, 7 September 2016,  the South African National Assembly voted in favour of the appointment of the Information Regulator for POPI and PAIA. Parliament voted for the five nominated candidates to run the newly-formed office of the Information Regulator. This is not [...]

By |2019-06-28T13:53:07+02:00September 7th, 2016|Categories: POPI and Data Protection|Tags: , , , |

Your compliance project should have a law firm as the main service provider

Only law firms should be lead service providers when ensuring you comply with the law (like data protection law). Consultants, auditors, audit firms, and even information security or IT governance consultants cannot provide the legal protection and privilege offered by [...]

By |2025-01-23T11:11:59+02:00June 13th, 2016|Categories: POPI and Data Protection|Tags: , , |

Can you send Physical Mail on an Opt-out Basis?

People often ask us whether they can send physical mail (the kind you get in your post box) for the purposes of direct marketing on an opt-out basis. So, send mail to people until they tell you to stop. It is a difficult answer [...]

By |2019-06-28T15:41:18+02:00May 22nd, 2016|Categories: POPI and Data Protection|Tags: , , |

UN concerned about Privacy and Interception in South Africa

The United Nations Human Right Committee is concerned that the South African Government is unlawfully surveilling, intercepting and monitoring the private communications (like emails, SMSs, and phone calls) of its citizens on a mass scale. The committee is concerned that the National Communications Centre [...]

By |2022-12-20T12:51:20+02:00April 20th, 2016|Categories: POPI and Data Protection|Tags: , , |

The Panama Papers Leak and the Legal Questions it Raises

The Panama Papers leak has become one of the most widely covered data protection issues in the news. But the one question no one probably asked yet is: what connection is there between the Panama Papers and the law? What [...]

By |2019-06-28T16:12:20+02:00April 15th, 2016|Categories: POPI and Data Protection|Tags: , , , , |

Shortlist of Candidates for Information Regulator

Parliament has shortlisted candidates for Information Regulator. This suggests that the Information Regulator will be established in 2016 and that POPI will commence later this year. Who the members of the Information Regulator are is very important. South Africa (both responsible [...]

By |2022-11-28T15:14:08+02:00April 14th, 2016|Categories: POPI and Data Protection|Tags: , , , |