The Protection of Personal Information Act (or POPI Act or POPIA) is South Africa's equivalent of the EU GDPR. It sets some conditions for responsible parties (called controllers in other jurisdictions) to lawfully process the personal information of data subjects (both natural and juristic persons).
POPIA was signed into law in 2013. Officially, it has commenced from the 1st of July 2020 with a grace period of 12 months. The Protection of Personal Information Act, 2013 (“POPIA”) came into complete commencement on 1 July 2021
The POPI Act protects natural persons and companies, and therefore, not only does it apply to big businesses, it applies to small, medium and large companies, as well as all individuals.
Personal information refers to any information that identifies you or specifically relates to you. Personal information includes, but is not limited to, the following information about you:
Age, belief, birth, biometric, colour, conscience, correspondence, criminal history, culture, disability, education, e-mail address, employment history, ethnic origin, financial history, gender, identity number, language, location information, marital status, mental health, medical history, name, national origin, online identifier, other particular assignment, personal opinions, personal preferences, personal views, physical address, physical health, pregnancy, race, religion, sex, sexual orientation, social origin, symbol, telephone number and well-being.
The POPI Act is important because it protects data subjects from harm, like theft and discrimination. The risks of non-compliance include reputational damage, fines and imprisonment, and paying out damages claims to data subjects. The biggest risk, after reputational damage, is a fine for failing to protect account numbers.
The Act regulates how personal information may be processed, by establishing conditions that meet international standards for the lawful processing thereof, namely: