More than a decade after the Protection of Personal Information Act, better known as POPIA, was tabled, the Act was finally put into motion on 1 July 2021.
Since the Act was put into motion, most companies still seemed to be scurrying around – with most of us feeling overwhelmed in a sea of messages from service providers, companies and other institutions about the POPIA. But what does this mean for businesses – and what about your WhatsApp groups? With all these questions still hanging in the air, we have decided to give you some peace of mind with information about the Act and the regulations in a nutshell.
What does POPIA entail?
POPIA enforces stricter regulations of the handling and protection of personal information. It also promotes the balance between the right to privacy, and other rights, such as the right to access to information.
According to Michalsons, a legal firm that specialises in POPIA and data protection, the protection of privacy is essential.
“The privacy clause in article 14 of the Constitution states that the South African government has to implement the right to privacy by implementing a law such as POPIA. Our previous legislations such as the Electronic Communications and Transactions Act (Ecta) and the Regulation of Interception of Communications Act (Rica) are simply not adequate to manage the intricate right to privacy,” says the legal firm.
However, according to Elizabeth de Stadler, a lawyer who specialises in data protection, and co-author of the book Over-thinking the Protection of Personal Information Act: The last POPIA Book You’ll ever need, POPIA is not just black and white.
“It doesn’t prohibit you from gathering information or data. POPIA also does not only focus on data theft, which only comprises 30% of data transgressions. The Act particularly wants to regulate the 70% that are allowed to gather data. Amongst others it states that you have to follow legal processes when you gather data, have a legitimate reason for doing so and that you have to protect the data in your possession,” says De Stadler.
Who does it affect?
Although large companies are mainly affected by POPIA and they have to spend millions to prevent data breaches, the Act applies to every South African.
“It protects you against companies, identity thieves and even the government,” says De Stadler.
Additionally, the Act gives data subjects new rights. A data subject can be a legal person such as an organisation or company, or an individual whose personal information or data can be processed or collected.
These new rights include the right to know what information is available about you, the right of access to your private information, the right to have irrelevant information about you destroyed, the right to rectify incorrect information and the right not to be subjected to automatic decisions, says Michalsons.
What are the consequences for possible offenders?
According to Michalsons, any contraventions will result in strict punishment and consequences.
Guilty parties will have to pay a fine of R1 million to R10 million or serve one to ten years in prison. Those found guilty could also probably end up having to pay damages to anyone whose privacy was compromised, whose data was misused, for damage to reputation and the loss of employees or clients.
“The purpose of the Act is to protect people against harm – through the protection of their personal information and generally to protect their privacy (which is a fundamental human right) and also to prevent their money and identity from being stolen. To make this possible, POPIA gives conditions for when it will be legal to process someone’s personal information,” says Michalsons.
And what about your Whatsapp groups?
Nothing will really change on your WhatsApp groups. However, by remaining on a group you have given the administrator permission to have your contact information – as well as anybody else on the group. The administrator, as well as other people on the group, has the responsibility to keep your information safe and are not allowed to exchange it to anybody else without your permission. So rather think twice next time before giving a telephone number to a friend.
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