Ramaphosa paves the way for new data protection laws with POPI Act

The Presidency said on Monday sections of the POPI Act will now come into effect on June 30 and July 1 respectively. The POPI Act gives effect to section 14 of the Constitution, which provides that everyone has the right to privacy. The act tries to strike a balance between the right to privacy and the right for access to information.

"Section 114 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 will have to ensure compliance with the act by 1 July, 2021. "The reason for the delay in relation to the commencement of sections 110 and 114 – which are to commence on 30 June, 2021 – is that these sections pertain to the amendment of laws and the effective transfer of functions of the Promotion of Access to Information Act, 2000 from the South African Human Rights Commission to the Information Regulator.

The powers afforded to the Information Regulator of South Africa may see non-compliant entities face censure if they fail to follow measures to protect private information.

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