The Protection of Personal Information Bill (POPI) was voted on and approved by the Justice and Constitutional Portfolio Committee today (5 September 2012).
This was done despite a last ditched attempt by the Financial Services Board (FSB) to impose more changes. In summary, the Chairperson and Portfolio members felt that the FSB neglected its chances in effecting additional changes and voiced concern over its delayed attempts, which was considered ill-timed and inappropriate.
POPI will now make its way to the National Assembly for its second reading, provisionally scheduled for Tuesday the 11th of September 2012.
This is a huge step in reaching finalisation of the legislative process and I have to congratulate all my colleagues and those who have particpated with us in making this possible.
Not only will this create certainty into what is allowed under the proposed legislation, but it will also start the facilitation of international and EU recognition.
There is however still some groundwork ahead before celebrating enactment.
POPI is a section 75 piece of legislation, which means that it is an ordinary Bill that does not affect the provinces and that can only be introduced in the National Assembly (NA).
Once it has been passed by the NA, it must be sent to the National Council of Provinces (NCOP).
In this case, delegates in the NCOP will vote individually and POPI must be passed by a majority of delegates present. If the NCOP rejects POPI or proposes its own amendments, POPI will be returned to the NA which could then pass POPI with or without taking into account the NCOP amendments, or it may decide not to proceed with POPI - lets hope NOT!
The NCOP's role in Bills that do not affect the provinces is therefore a limited one; it can delay a Section 75 Bill, but it cannot prevent it from being passed.
A new version of POPI will soon be made available on this page.
This was done despite a last ditched attempt by the Financial Services Board (FSB) to impose more changes. In summary, the Chairperson and Portfolio members felt that the FSB neglected its chances in effecting additional changes and voiced concern over its delayed attempts, which was considered ill-timed and inappropriate.
POPI will now make its way to the National Assembly for its second reading, provisionally scheduled for Tuesday the 11th of September 2012.
This is a huge step in reaching finalisation of the legislative process and I have to congratulate all my colleagues and those who have particpated with us in making this possible.
Not only will this create certainty into what is allowed under the proposed legislation, but it will also start the facilitation of international and EU recognition.
There is however still some groundwork ahead before celebrating enactment.
POPI is a section 75 piece of legislation, which means that it is an ordinary Bill that does not affect the provinces and that can only be introduced in the National Assembly (NA).
Once it has been passed by the NA, it must be sent to the National Council of Provinces (NCOP).
In this case, delegates in the NCOP will vote individually and POPI must be passed by a majority of delegates present. If the NCOP rejects POPI or proposes its own amendments, POPI will be returned to the NA which could then pass POPI with or without taking into account the NCOP amendments, or it may decide not to proceed with POPI - lets hope NOT!
The NCOP's role in Bills that do not affect the provinces is therefore a limited one; it can delay a Section 75 Bill, but it cannot prevent it from being passed.
A new version of POPI will soon be made available on this page.
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