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The Protection of Personal Information Bill

Learn about the POPI Bill designed to protect personal information in the digital age, covering data collection, processing, and penalties for non-compliance. Explore the key issues and definitional aspects to ensure compliance with privacy regulations.

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The Protection of Personal Information Bill

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  1. The Protection of Personal Information Bill 13 February 2013

  2. INTRODUCTION • The POPI Bill, developed out of the Open Democracy Bill in 1996 • Consumer protection legislation • Growth of the information age • Growth of credit, banking, insurance, pharmaceutical, direct marketing and health care industries • Growth of electronic and technological databases • Personal information has become saleable to highest bidder in order to increase sales • Data protection legislation; personal info must be processed with privacy of data subject in mind

  3. BACKGROUND • If collection of personal information is allowed, then it has to be regulated to allow for fairness, and effectiveness of such collection and integrity of information • Open Democracy Bill • Removal of data protection provisions from the Bill by Cabinet • Different from PAIA(2 of 2000): Free flow of information • POPI regulates the flow of personal information • Eight years of research (SALRC) • First introduced into Parliament in 2009,adopted 9th version on September 2012

  4. OBJECTS OF THE BILL

  5. DEFINITIONAL ISSUES • Personal information’ includes information relating to: • A wide range of personal characteristics - race, gender, sex, 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, etc. • Educational and medical, financial, criminal, or employment history. • Any identifying number/symbol and contact details (email address, physical address, telephone number etc), location identifier, online identifier, or biometric data. • Opinion information, including views/opinions of another person abut that person; • Private/confidential personal correspondence. • The name of the person (if with other personal information).

  6. DEFINITIONAL ISSUES ‘Processing’ covers all aspects of the information cycle – including collection, dissemination, and destruction. ‘Record’ is any recorded information, regardless of medium, in the possession of the responsible party including –

  7. KEY ISSUES

  8. KEY ISSUES

  9. KEY ISSUES

  10. OTHER ISSUES

  11. OFFENCES AND PENALTIES • The Bill provides for offences and Penalties • Obstruction of Regulator. • Breach of confidentiality. • Obstruction of execution of warrant. • Failure to comply with information/enforcement notices is a criminal offence. • Failure of witnesses to attend and give evidence or to produce a book/document or object. • Failure to comply with conditions for lawful processing in so far as they relate to the processing of a data subject’s account number. • Knowingly or recklessly obtaining or disclosing a data subject’s account number or procuring a data subject’s account number to another party without consent.

  12. CONCLUSION • The Bill provides protection for data subjects in the processing of their information • The Committee should ideally consider the positive features of the Bill • Propose that the Committee considers support for the Bill after satisfying itself that the all areas that require clarity has been addressed

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