The Justice Department and the FSB resolved some of the concerns, but the FSB is still seeking an exemption from certain processing requirements which will according to them, break down cross border data transfer barriers with other regulators, internationally. Section 38 seem to create the stumble block.
The Justice Department, SA Law Reform Commission and franciscronje.com alike, are of the opinion that the current legislation is not sector specific and only creates a framework whereunder the processing of personal information should be conducted. This does not preclude sectors from submitting their own industry specific codes of conduct for approval by the Information Regulator, by which its members would be bound.
The current format of the Bill (POPI) is wide enough to create ample space for the various sectors or industries to manouvre within. This is quite evident from section 11 of POPI, if read within the intended context.
The Council of Medical Schemes (CMS) also submitted its comments but it was in essence agreed amongst the relevant participants that their aim was only there to seek clarity as to the interpretation of certain sections. CMS is fully supportive of POPI and made it clear that their interest is in aligning its members with the legislation through a thorough understanding of the various conditions and sections of the Bill they raised. They will engage further with the relevant stakeholders.
It was however decided that the Committee will utilise its own law advisors to reach interpretation and finalisation of the Bill, which should hopefully lead to approval and eventual enactment.
It is however unclear at this stage whether the Committee will make any recommendations, or grant permission for the inclusion of sector recommendations. We however expect that some minor amendments will be allowed which are consequential or technical in nature.