The date for implementation of the Protection of Personal Information Act (POPIA) remains 1 July 2021, the Information Regulator has clarified. However, the registration of information officers and deputy information officers may only be possible from 1 July 2021 due to system challenges. Therefore there will be no deadline for registration of these officers and no liability for failing to register by 30 June 2021.

In addition, the deadline for obtaining prior authorisation for the processing of certain types of information has been postponed from 1 July 2021 to 1 February 2022. Because of this, section 58(2) of POPIA (and only this section) has been suspended.

SAMED recommends that members delay the registration of information officers until technical challenges have been resolved. We have been advised that the system now allows for a single person to serve as information officer for more than one legal entity.

A guidance note on exemption from the conditions for lawful processing has already been issued by the Information Regulator. The Regulator will also soon publish a template for PAIA manuals.

Esme Prins van den Berg of Health Navigator advises that several additional guidance notes are being prepared, dealing with prior authorisation, direct marketing, appropriate and reasonable security measures, transborder flows of personal information, and legitimate interest.

Elsabe Klinck and Associates have developed various POPIA tools for companies and practices.