POPI SHORTLY IN OPERATION

POPI SHORTLY IN OPERATION

The Act has been put into operation incrementally, with a number of sections having been implemented in April 2014 already. Most of the remaining provisions could only be put into operation at a later stage as they require a state of operational readiness for the Information Regulator to assume its powers, functions and duties in terms of the Act. Much has since been done in this regard culminating in the President's announcement this morning.

The presidency said that sections 2 to 38; sections 55 to 109; section 111; and section 114 (1), (2) and (3) shall commence on 1 July 2020, and sections 110 and 114(4) shall commence on 30 June 2021.

The sections which will commence on 1 July 2020 are essential parts of the Act and comprise sections which relate to:

• The conditions for the lawful processing of personal information;
• The regulation of the processing of special personal information;
• Codes of Conduct issued by the Information Regulator;
• Procedures for dealing with complaints;
• Provisions regulating direct marketing by means of unsolicited electronic communication, and general enforcement of the Act.

Section 114(1) is of particular importance as it states that all forms of processing of personal information must, within one year after the commencement of the section, be made to conform to the Act. This means that entities (both in the form of private and public bodies) will have to ensure compliance with the Act by 1 July 2021.