Protection of Personal Info Act 2013 (South Africa)

By : 6clicks
The Protection of Personal Information Act (PoPIA or the PoPI Act) governs the law of data protection and privacy in South Africa.
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The purpose of this Act is to:

  • give effect to the constitutional right to privacy, by safeguarding personal information when processed by a responsible party, subject to justifiable limitations that are aimed at-

    • balancing the right to privacy against other rights, particularly the right  of access to information; and

    • protecting important interests, including the free flow of information within the Republic and across international borders;

  • regulate the manner in which personal information may be processed, by establishing conditions, in harmony with international standards, that  prescribe the minimum threshold requirements for the lawful processing of personal information;

  • provide persons with rights and remedies to protect their personal information from processing that is not in accordance with this Act; and

  • establish voluntary and compulsory measures, including the establishment of an Information Regulator, to ensure respect for and to promote, enforce and fulfil the rights protected by this Act.

The Protection of Personal Information Act 4 of 2013 aims:

  • to promote the protection of personal information processed by public and private bodies;
  • to introduce certain conditions so as to establish minimum requirements for the processing of personal information;
  • to provide for the establishment of an Information Regulator to exercise certain powers and to perform certain duties and functions in terms of this Act and the Promotion of Access to Information Act, 2000;to provide for the issuing of codes of conduct;
  • to provide for the rights of persons regarding unsolicited electronic communications and automated decision making;
  • to regulate the flow of personal information across the borders of the Republic; and
  • to provide for matters connected therewith.

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Jurisdiction South Africa
Type Laws or related obligations