PROTECTION OF PERSONAL INFORMATION ACT, 2013

The President assented to the commencement of certain sections of the Protection of Personal Information Act, 2013 (Act No. 4 Of 2013).

What does this mean?
On 22 June 2020, the President proclaimed 1 July 2020 as the date on which the following sections of the Protection of Personal Information Act, 2013 shall commence:
(i) sections 2 to 38;
(ii) sections 55 to 109;
(iii) section 111; and
(iv) section 114(1), (2) and (3); and

The President further proclaimed 30 June 2021 as the date on which sections 110 and 114(4), of the said Act shall commence.

The sections which will commence on 1 July 2020 are essential parts of the Act and comprise sections which pertain to, amongst others, 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. However, it stands to reason that private and public bodies should attempt to comply with the provisions of the Act as soon as possible in order to give effect to the rights of individuals.

Publication Details:
Published under Proclamation No. R. 21 of 2020, Government Gazette 43461, dated 22 June 2020.

Where do I access this information?
Please email your request to Marlize de Jager, marlize@implex.co.za