Bloomberg Law: Privacy & Data Security brings you single-source access to the expertise of Bloomberg Law’s privacy and data security editorial team, contributing practitioners,...
Dec. 4 -- As expected, South Africa President Jacob Zuma recently signed into law the country's new framework data protection statute, the Protection of Personal Information Bill (PoPI).
PoPI “will give effect to the right to privacy, by introducing measures to ensure that the personal information of an individual is safeguarded when it is processed by responsible parties,” Zuma said in a Nov. 27 statement announcing his approval of the legislation.
PoPI incorporates several data protection “conditions,” including accountability, transparency, and limitations on processing of personal data tied to data subject consent, data collection minimization and purpose specification.
The law requires, among other things: data subject notice of and consent to the collection and use of their personal information; data breach notification to affected individuals and the newly formed data protection authority; and reasonable data security safeguards at businesses.
The new law includes not just protection for individuals but for “juristic persons”--legal entities, such as corporations and partnerships.
The new law allows individuals to file, or have the DPA file on their behalf, lawsuits seeking injunctive redress and damages. Stein said that it is significant that PoPI introduces “strict liability for the data controller” and adds aggravated damages as “a new statutory form of damages.”
PoPI would give the DPA authority to carry out investigations and seek fines of up to 10 million rand ($957,171).
It has taken a decade for the framework law to be adopted. The South African Law Reform Commission began considering the need for new data protection legislation in 2003, and in 2005, the first draft data protection framework legislation was distributed for comment (4 PVLR 1304, 10/24/05).
PoPI was introduced in Parliament in August 2009 (8 PVLR 1317, 9/14/09).
At the time of the legislation's introduction, lawmakers said it could help ensure a finding by the European Commission that South Africa's privacy regime provided a sufficient level of privacy protection consistent with the EU Data Protection Directive (95/46/EC) (8 PVLR 1317, 9/14/09).
The measure cleared Parliament in August (12 PVLR 1463, 9/2/13).
PoPI will take effect after a minimum one-year transition period for businesses to take measures to comply with the new law.
The bill allows, however, for an extension of the period up to a maximum of three years for certain businesses or classes of information, if requested by the Department of Justice and Constitutional Development, after consultation with the newly established DPA.
To contact the reporter on this story: Donald G. Aplin in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Katie W. Johnson at email@example.com
Full text of the 80-page Protection of Personal Information Bill, as amended by the National Council of Provinces and passed by the National Assembly, is available at http://op.bna.com/pl.nsf/r?Open=dapn-9azgbc.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)