The Basics of POPIA Compliance:
It is common sense that some information is sensitive and should not be exposed. We must consider privacy and security in all our processes and systems and incorporate them into our daily operations. POPIA is about privacy and security. Organizations should understand the information they gather and keep and take steps to protect it.
Importance of compliance:
POPIA compliance is crucial for an individual’s privacy and autonomy. Everyone has the right to control how their personal information is collected, used, and shared. Complying with POPIA avoids penalties and lawsuits while building trust with customers, employees, and partners. So, take POPIA compliance seriously and demonstrate your value for privacy.
Who needs to comply?
Everyone! The POPIA applies to all South African organizations, whether public or private, that collect, create, use, store, share or destroy personal information. The POPIA Act does not prohibit the processing of personal information and does not require consent from data subjects. The organization is responsible for deciding why and how to process personal information while complying with the conditions set out by the POPIA Act.
Develop a POPIA-compliant privacy policy using the Eight conditions outlined in the act.
- Accountability
- Responsible party to ensure conditions for lawful processing
- Processing limitation
- Lawfulness of processing
- Minimality
- Consent, justification and objection
- Collection directly from the data subject
- Purpose specification
- Collection for a specific purpose
- Retention and restriction of records
- Further processing limitation
- Further processing to be compatible with the purpose of collection
- Information quality
- Quality of information
- Openness
- Documentation
- Notification to the data subject when collecting personal information
- Security safeguards
- Security measures on integrity and confidentiality of personal information
- Information processed by operator or person acting under authority
- Security measures regarding the information processed by the operator
- Notification of security compromises
- Data subject participation
- Access to personal information
- Correction of personal information
- Manner of access
Every organization must designate an information officer. This person is responsible for ensuring that the checklist and manual are updated and that operators who work with personal information receive training.
I am the information officer and operator in my business, so most items on my checklist are not applicable.
NON-COMPLIANCE
Non-compliance with the requirements of POPIA can result in severe consequences. These may include significant fines and penalties imposed by the Information Regulator and potential damage to your business’s reputation. It is, therefore, crucial to comply with POPIA regulations and safeguard the personal data of your customers, employees, and other stakeholders.
Start with your compliance checklist! I’ve made it super easy and designed one from various sources.
After ticking all the boxes, create a report of the “Yes” boxes, expanding on them where necessary. This forms the basis of your initial manual.
My POPIA compliance checklist helps businesses assess their compliance levels and identify potential risks. It is a general guide to focus on common instances where compliance is necessary. However, it is not a substitute for seeking legal advice to ensure full compliance with POPIA requirements.
It is available for purchase from my store.
I’m also including the link to all the forms you need, as supplied by the Information Regulator, as a free download.
I have a passion for making order out of chaotic numbers and papers. With 20 years experience, I have mastered getting those admin ducks to obey and stay in their rows.
