TAKE NOTE OF THE LATEST IMPORTANT DEVELOPMENT – POPIA IS GETTING REAL. REAL. REAL. SO REAL, ITS SCARY!
THE INFORMATION REGULATOR HAS ISSUED A GUIDANCE NOTE ON HOW A RESPONSIBLE PARTY IS TO APPLY FOR PERMISSION TO CARRY ON CERTAIN PROCESSING ACTIVITIES.
- Unique identifier matching and verifying: being the processing of any unique identifiers of data subjects for a purpose other than the one for which the identifier was specifically intended at collection; and with the aim of linking the information together with information processed by other responsible parties;
- Third party processing of criminal or objectionable behaviour on behalf of other parties: being the processing of information on criminal behaviour or on unlawful or objectionable conduct on behalf of third parties;
- Credit reporting: being the processing information for the purposes of credit reporting; or
- Cross border transfers of Special Personal Information to recipients in countries where no data protection mechanisms are in place: being the transfer of special personal information, as referred to in section 26, or the personal information of children as referred to in section 34, to a third party in a foreign country that does not provide an adequate level of protection for the processing of personal information as referred to in section 72.
This Guidance Note covers the prior notification requirements set out under sections 57-59 of the Act, and the procedure which one has to follow, including the prescribed forms that have to be completed, when giving such notice and the resultant procedure which will follow pursuant to the giving of such notice, including time lines and how the Information Regulator will respond to the notification.
The Guideline applies to any of the abovementioned processing activities which are carried out from 1 July 2021.
Non-compliance with section 57 and 58 is a criminal offence, including the failure to give notice of these activities and / or failing to comply with the Information Regulator’s instructions or requirements issued in respect of such notice.
The Guideline is fairly easy to follow and hence is self-explanatory.
We will be unpacking and discussing this Prior Authorisation requirement at our Team Talk, on Friday 26 March 2021, which will commence at 10am and end at 12pm. The Team Talk is for members only, but should you wish to attend our Team Talk, please e-mail us to enquire about joining us. admin@compliancetools.co.za Please mention that you saw this Alerter on our website and we might be able to allow you to join at no charge should we have space.
Get going with your POPIA implementation – it is getting real.
Alison
