What is the POPI Act?

What is the POPI Act? And Why Is It Important for Me as an Entrepreneur, Business Executive or Individual?

What is the POPI Act?

The Protection of Personal Information Act aims to safeguard the integrity and sensitivity of private information gathered. All Companies are required to carefully manage the data captured by them as well as how they store it and the storage process relating to the Personal Information as prescribed by the Act.

How Does the Act Define Personal Information?

In terms of the Act, Personal Information is classified as:

“personal information means information relating to an identifiable, living, natural person, and where it is applicable and identifiable, existing juristic person, including, but not limited to: What is the POPI Act? 

  1. information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
  2. information relating to the education or the medical, financial, criminal or employment history of the person;
  3. any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or another particular assignment to the person;
  4. the biometric information of the person;
  5. the personal opinions, views or preferences of the person;
  6. correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
  7. the views or opinions of another individual about the person; and 
  8. the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;”

When May Personal Information Be Legally Gathered and Processed?

In terms of the Act, 8 conditions to gather this information exists.

These 8 Conditions are:

  1. Accountability
  2. Processing Limitation
  3. Purpose Specific
  4. Further Processing Limitation
  5. Information Quality
  6. Openness
  7. Security Safeguards
  8. Data Subject Participation

Okay, So I Now Know I must Protect a Client’s Data, but What Does This Mean? Who Can Assist and Help me With My Company or Business’s Data Policy?

What is the POPI Act?

Drafting your data policy is not only necessary but also very tricky.  It is imperative that one MUST ensure that it is done correctly.  Not everyone is capable of drafting this complex document and it is, therefore, crucial that one MUST seek legal assistance.

FUTURAE DPB Attorneys and Conveyancers can assist you with the very complexed task.  At FUTURAE legal experts with Compliance Certificates and Master’s degrees in Tax, Finance and experience privacy compliance stand ready to assist you.

But Will I Pay an Arm and A Leg?

No, FUTURAE DPB Attorneys and Conveyancers believe that future of law is no longer to burden a person with huge legal bills, but rather to assist, guide and lead with Client obsession, with transparent price strategies and affordable advise.

Contact FUTURAE DPB Attorneys and Conveyancers today at +27 21 949 5833 or visit their website on www.futuraedpb.com

Your FUTURE is secured with FUTURAE DPB Attorneys and Conveyancers.

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Michélle du Plessis
Michélle du Plessis

Success Editor

Michélle, a former beauty queen and model, is a lawyer and conveyancer of the High Court of South Africa as well as a Solicitor in England and Wales. She specializes in International Law, with specific reference to International Divorces and Family Law as well as Business Law. Michélle also holds an MSc in Business Administration with a Major in Business Development and Promotion from the Lucerne School of Business Switzerland. Michele believes that success starts within yourself, with a positive attitude, assertion and mindset. A growth mindset, instead of a fixed mindset, does wonders! The glass is never half empty, but always being filled! As a keen traveler, Michélle travels regularly throughout Europe and America for both business and pleasure! Her motto, Carpe Diem (Seize the day), she lives out every day. Success is not who you are, but what you make of every opportunity!

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