Update on the implementation of POPIA – 29 June 2021

Update on the implementation of POPIA

The Chairperson of the Information Regulator, Advocate Pansy Tlakuka, recently confirmed the Regulator’s position regarding readiness for the Protection of Personal Information Act, 2013 (“POPIA“) in that POPIA will still come into effect on 1 July 2021 and that there will be no extension of the grace period.

On 22 June 2021, the Information Regulator issued a media statement wherein it was announced that only section 58(2) of POPIA will not come into effect on 1 July 2021 and will be postponed until 1 February 2022. The remaining provisions of POPIA were not included in this postponement and are consequently still coming into effect on 1 July 2021.

Section 58(2) of POPIA provides that a responsible party may not carry out information processing that is subject to prior authorisation until the Information Regulator has been notified and has completed its investigation or until the responsible party has received notice from the Information Regulator that a more detailed investigation will not be conducted.

Additionally, the Information Regulator also announced that there will be no deadline for the registration of Information Officers and Deputy Information Officers. Previously, this deadline was 30 June 2021. This decision follows technical glitches with the registration portal and concerns raised by responsible parties regarding the registration process.

Should you have any questions around the implementation of the POPI Act, please contact Karen van Heerden – 021 8630830 / karen@hopcal.co.za