determines the purpose of and means for processing personal information”.
35 As I
have stated above, there are other sectorial legislation which covers the processing of
personal information by certain bodies or category of persons. For example, the
National Credit Act has provisions on the personal data processing in South Africa’s
credit sector. Nevertheless, the POPI Act provides that it has an overriding status
especially where such other legislation has provision which is inconsistent with it.
36
Remarkably, the South African POPI Act is unique in that it covers the processing
of personal data relating to both natural and juristic persons by any of the abovementioned entities.
37 This means that legal persons/entities (like corporation) are
also entitled to protection from the processing of their personal information under
the Act.
3 The Supervisory Authority: The Information Regulator
The supervising authority for the overall processing of personal data in South Africa
is the Information Regulator which is established pursuant to section 39 of the POPI
Act. In terms of the Act, the Information Regulator is an independent juristic body
which has jurisdiction throughout South Africa.
38 This body is only subject to the
Constitution and only accountable to the National Assembly.
39
Furthermore, according to the Act, the Information Regulator consists of a
Chairperson and four other persons as ordinary members of the Regulator.
40 Their
appointment is either on full time or part time basis depending on the office.
41
Although, the POPI Act is yet to fully come into force, the Information Regulator has
already been established and the officials have been appointed by the President.
42
The newly appointed Chairperson is Adv. Pansy Tlakula.
43 Advs. Lebogang
Stroom-Nzama and Collen Weapond are the full-time members while Prof Tana
Pistorius and Mr Sizwe Snail ka Mtuze are the part-time members.
44
Before the Act fully comes into force, it is arguable that the court will play the role
of enforcing data protection norms especially when it has to do with the processing
of personal information in such a way that violates the right to privacy as stipulated
under the South African Constitution.
35 Section 1 of the POPI Act.
36 Section 3 of the POPI Act.
37 Section 1 of the POPI Act.
38 Section 39 of the POPI Act.
39 Section 39 of the POPI Act.
40 Section 41 of the POPI Act.
41 Section 41 of the POPI Act.
42 See http://www.justice.gov.za/inforeg/about.html.
43 http://www.justice.gov.za/inforeg/members.html.
44 http://www.justice.gov.za/inforeg/members.html.
354
L. A. Abdulrauf
35 As I
have stated above, there are other sectorial legislation which covers the processing of
personal information by certain bodies or category of persons. For example, the
National Credit Act has provisions on the personal data processing in South Africa’s
credit sector. Nevertheless, the POPI Act provides that it has an overriding status
especially where such other legislation has provision which is inconsistent with it.
36
Remarkably, the South African POPI Act is unique in that it covers the processing
of personal data relating to both natural and juristic persons by any of the abovementioned entities.
37 This means that legal persons/entities (like corporation) are
also entitled to protection from the processing of their personal information under
the Act.
3 The Supervisory Authority: The Information Regulator
The supervising authority for the overall processing of personal data in South Africa
is the Information Regulator which is established pursuant to section 39 of the POPI
Act. In terms of the Act, the Information Regulator is an independent juristic body
which has jurisdiction throughout South Africa.
38 This body is only subject to the
Constitution and only accountable to the National Assembly.
39
Furthermore, according to the Act, the Information Regulator consists of a
Chairperson and four other persons as ordinary members of the Regulator.
40 Their
appointment is either on full time or part time basis depending on the office.
41
Although, the POPI Act is yet to fully come into force, the Information Regulator has
already been established and the officials have been appointed by the President.
42
The newly appointed Chairperson is Adv. Pansy Tlakula.
43 Advs. Lebogang
Stroom-Nzama and Collen Weapond are the full-time members while Prof Tana
Pistorius and Mr Sizwe Snail ka Mtuze are the part-time members.
44
Before the Act fully comes into force, it is arguable that the court will play the role
of enforcing data protection norms especially when it has to do with the processing
of personal information in such a way that violates the right to privacy as stipulated
under the South African Constitution.
35 Section 1 of the POPI Act.
36 Section 3 of the POPI Act.
37 Section 1 of the POPI Act.
38 Section 39 of the POPI Act.
39 Section 39 of the POPI Act.
40 Section 41 of the POPI Act.
41 Section 41 of the POPI Act.
42 See http://www.justice.gov.za/inforeg/about.html.
43 http://www.justice.gov.za/inforeg/members.html.
44 http://www.justice.gov.za/inforeg/members.html.
354
L. A. Abdulrauf