To promote the protection of personal information processed by public and private bodies; to introduce certain conditions so as to establish minimum requirements for the processing of personal information; to provide for the establishment of an Information Regulator to exercise certain powers and to perform certain duties and functions in terms of this Act and the Promotion of Access to Information Act, 2000; to provide for the issuing of codes of conduct; to provide for the rights of persons regarding unsolicited electronic communications and automated decision making; to regulate the flow of personal information across the borders of the Republic; and to provide for matters connected therewith.
- section 14 of the Constitution of the Republic of South Africa, 1996, provides that everyone has the right to privacy;
- the right to privacy includes a right to protection against the unlawful collection, retention, dissemination and use of personal information;
- the State must respect, protect, promote and fulfill the rights in the Bill of Rights;
AND BEARING IN MIND THAT—
- consonant with the constitutional values of democracy and openness, the need for economic and social progress, within the framework of the information society, requires the removal of unnecessary impediments to the free flow of information, including personal information;
AND IN ORDER TO—
- regulate, in harmony with international standards, the processing of personal information by public and private bodies in a manner that gives effect to the right to privacy subject to justifiable limitations that are aimed at protecting other rights and important interests,
PARLIAMENT of the Republic of South Africa therefore enacts, as follows:—
The forms required by the Information Officer, Responsible Party and the Information regulator can be found in the attachment to this lesson. However ,for convenience each form has been reproduced into a Word Document. Each form is attached to the applicable regulation covered by the lesson.
POPI Regulations 2018 Regulation Gazette No. 10897, in the Government Gazette, dated 14 December 2018.