Legal Analysis South Africa

Provisions of Information Act come into effect

Certain provisions of the Protection of Personal Information Act No 4 of 2013, dealing with the establishment of the office of the Information Regulator - as well as its powers, duties and functions - have come into effect as of 11 April 2014.
Provisions of Information Act come into effect
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The Information Regulator is a body which is responsible for, amongst others, monitoring and enforcing compliance with the Act, handling data subjects' complaints regarding alleged violations to their personal information and facilitating cross border co-operation in the enforcement of privacy laws.

This move by government will hopefully serve to ensure that the office of the Information Regulator is operational and ready to govern, manage and ultimately ensure compliance with the provisions of the Act once the balance of the Act comes into effect and is also indicative of progress in this regard.

Assess compliance

Private and public organisations are strongly encouraged to assess their level of compliance with the provisions of the Act so as to consider and implement any compliance processes, procedures and policies which may need to be established and implemented.

Although the Act provides for a one year compliance transition period (with a possibility of that being extended for up to three years), the obligations imposed by the Act are extensive and far reaching and persons, both natural and juristic, processing personal information should be focussing on becoming acquainted with the provisions of and their obligations under the Act, creating awareness of the implications of the Act within their organisations and taking all appropriate steps towards compliance.

About Simone Gill, Mukelo Ngobese and Nabeela Latib

Simone Gill is a director, Mukelo Ngobese is an associate, and Nabeela Latib is a candidate attorney in the Technology, Media and Telecommunications Practice at Cliffe Dekker Hofmeyr.
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