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The Protection of Personal Information Bill

The Protection of Personal Information Bill. 13 February 2013. INTRODUCTION. The POPI Bill, developed out of the Open Democracy Bill in 1996 Consumer protection legislation Growth of the information age

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The Protection of Personal Information Bill

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  1. The Protection of Personal Information Bill 13 February 2013

  2. INTRODUCTION • The POPI Bill, developed out of the Open Democracy Bill in 1996 • Consumer protection legislation • Growth of the information age • Growth of credit, banking, insurance, pharmaceutical, direct marketing and health care industries • Growth of electronic and technological databases • Personal information has become saleable to highest bidder in order to increase sales • Data protection legislation; personal info must be processed with privacy of data subject in mind

  3. BACKGROUND • If collection of personal information is allowed, then it has to be regulated to allow for fairness, and effectiveness of such collection and integrity of information • Open Democracy Bill • Removal of data protection provisions from the Bill by Cabinet • Different from PAIA(2 of 2000): Free flow of information • POPI regulates the flow of personal information • Eight years of research (SALRC) • First introduced into Parliament in 2009,adopted 9th version on September 2012

  4. OBJECTS OF THE BILL

  5. DEFINITIONAL ISSUES • Personal information’ includes information relating to: • A wide range of personal characteristics - race, gender, sex, marital status, national, ethnic or social origin; colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language, and birth, etc. • Educational and medical, financial, criminal, or employment history. • Any identifying number/symbol and contact details (email address, physical address, telephone number etc), location identifier, online identifier, or biometric data. • Opinion information, including views/opinions of another person abut that person; • Private/confidential personal correspondence. • The name of the person (if with other personal information).

  6. DEFINITIONAL ISSUES ‘Processing’ covers all aspects of the information cycle – including collection, dissemination, and destruction. ‘Record’ is any recorded information, regardless of medium, in the possession of the responsible party including –

  7. KEY ISSUES

  8. KEY ISSUES

  9. KEY ISSUES

  10. OTHER ISSUES

  11. OFFENCES AND PENALTIES • The Bill provides for offences and Penalties • Obstruction of Regulator. • Breach of confidentiality. • Obstruction of execution of warrant. • Failure to comply with information/enforcement notices is a criminal offence. • Failure of witnesses to attend and give evidence or to produce a book/document or object. • Failure to comply with conditions for lawful processing in so far as they relate to the processing of a data subject’s account number. • Knowingly or recklessly obtaining or disclosing a data subject’s account number or procuring a data subject’s account number to another party without consent.

  12. CONCLUSION • The Bill provides protection for data subjects in the processing of their information • The Committee should ideally consider the positive features of the Bill • Propose that the Committee considers support for the Bill after satisfying itself that the all areas that require clarity has been addressed

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