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Privacy-Online • POPI Important Announcements | News

POPI Important Announcements

Posted August 4, 2015
Written by Mark Heyink



Nominations for Members of the Information Regulator

The portfolio committee for Justice and Correctional Services has invited nominations for 5 suitable persons to be appointed as members of the Information Regulator for a period of five years. The detail of this request for nominations is provided hereunder.

"Nominations: Members of the Information Regulator

The Portfolio Committee on Justice and Correctional Services invites nominations from individuals, organisations, institutions and civil society for FIVE suitable persons to be appointed as members of the Information Regulator for a period of five years.

In terms of the Protection of Personal Information Act NO 4 of 2013, members of the Regulator must be South African citizens who are appropriately qualified, fit and proper persons—
at least one of whom must be appointed on account of experience as a practising advocate or attorney or a professor of law at a university; and
▪ the remainder of whom must be appointed on account of any other qualifications, expertise and experience relating to the objects of the Regulator.

A person may not be appointed as a member of the Regulator if he or she—
▪ is not a citizen of the Republic;
▪ is a public servant;
▪ is a member of Parliament, any provincial legislature or any municipal council;
▪ is an office-bearer or employee of any political party;
▪ is an unrehabilitated insolvent;
▪ has been declared by a court to be mentally ill or unfit; or
has at any time been convicted, whether in the Republic or elsewhere, of any offence involving dishonesty.

Nominations must contain the full name, address/email address and contact details of the person or organisation making the nomination; a signed acceptance of the nomination by the nominee; and a Curriculum Vitae (CV) providing the nominee’s:
▪ Full name, ID number and gender;
▪ Contact details including physical address, telephone / cell number and email address;
▪ Relevant previous experience (including relevant dates and organisations concerned); and
▪ Academic qualifications.
Should you wish to nominate a person who is qualified for the position, nominations may be addressed to the Committee Secretary, Mr Vhonani Ramaano at varmaano@parliament.gov.za by no later than Friday, 14th August 2015 at 17h00."

A Guide to the Protection of Personal Information Act

“A Guide to the Protection of Personal Information Act", authored by Elizabeth De Stadler and Paul Esselaar, published by JUTA under the Legal Ease Series of Books, is available. The book is easy to read and provides assistance in highlighting key points and answering frequently asked questions relating to the Protection of Personal Information Act. It also provides helpful rules that assist you in understanding the book and legislation, and alerts the reader to key areas of POPI and the potential conflict with other laws.

I recommend that the book be purchased by all organisations who are addressing POPI. The one deficiency in the book is that while it adequately addresses the legislation and it does provide some guidance as to how to go about dealing with POPI, it does not address information security. It must be stressed that privacy is impossible without information security. It is therefore important that the mature discipline of information security, the genesis of which is data protection legislation, be properly considered in addressing how organisations may comply with the Protection of Personal Information Act. Lawyers or consultants who do not address the Protection of Personal Information on a multidisciplinary basis, including addressing the issue of information security, will be providing an incomplete service to their clients that may well eventuate in increasing rather than decreasing the risks attendant on non-compliance.

©Mark Heyink 2014

  • 09 October 2018 - 12:11:00
    The 28th September 2018 saw the world celebrate “Right2Know” day. The Information Regulator (Regulator) is to be congratulated on organising a conference to mark the celebration. Several speakers eloquently emphasised the importance of access to information in an open democracy as well as the enforcement of sanctions against those who do not comply with their obligations. The importance of the handing over of the Regulation of the Promotion of Access to Information Act to the Information Regulator was also addressed as the South Human Rights Commission has never enjoyed the enforcement powers granted to the Regulator.

  • 08 August 2018 - 13:41:00
    On the 25th July 2018 as a result of announcements that were made by Facebook relating to its future revenues the market value of Facebook dropped by US$ 148 billion (or R1,95 trillion). This is almost half of South Africa’s total GDP in 2016.

    While there may be several reasons for the decline in Facebook’s revenue which led to the sell-off of shares, one of the three primary factors for the decrease in projected profitability of Facebook is the focus on privacy and security