Data protection Insights

Must I notify the regulator of a data breach?
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Must I notify the regulator of a data breach?

Must I notify the regulator of a data breach?

Yes, "where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by any unauthorised person, the responsible party must notify the Regulator; and .. the data subject" (section 22). Note: [...]

By John Giles|2022-12-08T14:57:47+02:00June 28th, 2021|Categories: Breach|

When will the regulator take over the regulation of PAIA from the SAHRC?
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When will the regulator take over the regulation of PAIA from the SAHRC?

When will the regulator take over the regulation of PAIA from the SAHRC?

From 1 July 2021 the information regulator will take over the regulation of PAIA from the SAHRC.

By John Giles|2025-02-05T11:27:15+02:00June 12th, 2021|Categories: Access to information, Information regulator|

Can one person be the information officer for multiple entities?
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Can one person be the information officer for multiple entities?

Can one person be the information officer for multiple entities?

Yes, one person can be the default or designated information officer (IO) for multiple entities or responsible parties. The regulator's portal allows you to register one person as the information officer for multiple entities. You can register multiple default or [...]

By John Giles|2024-08-21T15:49:04+02:00May 21st, 2021|Categories: Access to information, Data protection, Information officer, POPIA|

Who will the regulator hold responsible if an organisation does not comply with POPIA?
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Who will the regulator hold responsible if an organisation does not comply with POPIA?

Who will the regulator hold responsible if an organisation does not comply with POPIA?

Who is responsible or accountable for offences committed under POPIA and POPIA? Who will the regulator, a court or an industry body hold accountable? Who is going to pay the fine or go to jail? These are all questions we [...]

By John Giles|2024-09-04T11:12:52+02:00April 29th, 2021|Categories: Information officer, POPIA|

Is there a template to appoint the deputy information officer?
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Is there a template to appoint the deputy information officer?

Is there a template to appoint the deputy information officer?

Yes, there are a few templates you can use to appoint an information officer. Some are publicly available and others you can get from us. There are two simple templates in the guidance note on information officers and deputy information [...]

By John Giles|2022-12-08T14:56:09+02:00April 28th, 2021|Categories: Information officer|

Will anybody be exempt from having an information officer?
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Will anybody be exempt from having an information officer?

Will anybody be exempt from having an information officer?

Not at the moment. But we think that some bodies should be exempt from having to register their information officer (IO). Is any body exempt from registering their information officer? Unfortunately, the guidance note on information officers and deputy information [...]

By John Giles|2024-08-21T15:49:42+02:00April 21st, 2021|Categories: Access to information, Information officer, POPIA|

Can I ask the regulator questions and how?

Generally speaking, no. The information regulator makes a distinction between guidance and advice. Guidance is where the regulator applies its knowledge, skill and expertise to a generic legal issue. Advice is where the regulator applies its knowledge, skill and [...]

By John Giles|2025-02-05T11:27:06+02:00November 8th, 2020|Categories: Information regulator, POPIA|

Must public bodies comply with POPIA?
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Must public bodies comply with POPIA?

Must public bodies comply with POPIA?

Yes, public bodies must. Some people think that they don't and it is not that clear when you read POPIA. But it is clear - all public bodies must comply. The Information Regulator has confirmed this. POPIA "applies to the [...]

By John Giles|2022-11-15T19:17:02+02:00November 4th, 2020|Categories: Application and timeline, POPIA|

Is there a guide for information officers?
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Is there a guide for information officers?

Is there a guide for information officers?

Have you been appointed as the information officer and are looking for a guide or handbook for information officers? What support is there for information officers? Guide for information officers Our data protection programme (and in particular our training for information [...]

By John Giles|2022-12-08T14:54:52+02:00August 20th, 2020|Categories: Information officer, POPIA|

Will the regulator publish my breach notifications?

The likeliest answer is No. The information regulator has not said anything about naming and shaming responsible parties who have experienced breaches. The information regulator has also said that their office is very keen to cooperate with responsible parties and [...]

By Michalsons|2024-07-24T16:43:40+02:00August 13th, 2020|Categories: Breach|

Can we notify our staff that a staff member has tested positive for the coronavirus?

Yes, you can but don't identify the person specifically. Don't mention the person name unless it is absolutely necessary to do so. You can read more about coronavirus and data protection.

By John Giles|2022-11-15T19:33:23+02:00August 11th, 2020|Categories: Data protection|

Can we notify our other employees when an employee has tested positive for COVID-19?

As long you have some other justification that POPIA allows, you do not need the employee's consent. You can notify other employees if, for example, there's a law that requires you to or if you are doing it to protect [...]

By Michalsons|2022-11-15T19:31:57+02:00August 7th, 2020|Categories: POPIA|