The new proposed legislation on the Protection of Personal Information (POPI) is vague when it comes to the appointment of deputy information officers. Section 49 makes provision for public and private bodies but its reference to section 17 of the Promotion of Access to Information act (PAIA) complicates its interpretation. Section 49 in POPI refers to section 17 of PAIA and adds "with the necessary changes". Nowhere in the POPI schedule of amendments are this addressed. Section 17 of PAIA only refers to public bodies, which would then nullify this methodology of appointing deputies for private bodies. The argument might be pre-emptive in absence of the final version of the Act, but I think it deserves debate.
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Tammy Bortz
6/17/2014 06:49:02 pm
Hi Francois. I have been looking into this and I agree. POPI also is not clear as to the obligations of Operators with regard to the appointment of a compliance officer, other that S.59 which requires all private companies to appoint a deputy information offer per PAIA (and then the issues per section 17 arise as set out above). I would be interested in your views on this Leave a Reply. |
AuthorFrancis Cronje is an Information Governance specialist and provides insight from a legal and governance perspective on a wide range of topics in the Information and ICT sphere, including matters pertaining to the Protection of Personal Information (POPI) / Data Protection / Privacy, Information Security and other related topics. 
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