Sections > Protection of Personal Information Act (POPI Act)

Sections

POPIA Sections 1 – 115

SECTION 1 – Definitions
SECTION 2 – Purpose
SECTION 3 – Application and Interpretation
SECTION 4 – Lawful Processing of Personal Information
SECTION 5 – Rights of Data Subjects
SECTION 6 – Exclusions
SECTION 7 – Exclusion for Journalistic, Literary or Artistic purposes
SECTION 8 – Responsible Party
SECTION 9 – Lawfulness of Processing
SECTION 10 – Minimality
SECTION 11 – Consent, Justification and Objection
SECTION 12 – Collection directly from data subject
SECTION 13 – Collection for specific purpose
SECTION 14 – Retention and restriction of records
SECTION 15 – Further processing to comply with purpose of collection
SECTION 16 – Quality of information
SECTION 17 – Documentation
SECTION 18 – Notification to data subject when collecting personal information
SECTION 19 – Security measures on integrity and confidentiality of personal information
SECTION 20 – Information processed by operator or person acting under authority
SECTION 21 – Security measures regarding information processed by operator
SECTION 22 – Notification of security compromises
SECTION 23 – Access to Personal Information
SECTION 24 – Correction of Personal Information
SECTION 25 – Manner of Access
SECTION 26 – Prohibition on processing of special personal information
SECTION 27 – General authorisation concerning special personal information
SECTION 28 – Authorisation concerning data subject’s religious or philosophical beliefs
SECTION 29 – Authorisation concerning data subject’s race or ethnic origin
SECTION 30 – Authorisation concerning data subject’s trade union membership
SECTION 31 – Authorisation concerning data subject’s political persuasion
SECTION 32 – Authorisation concerning data subject’s health or sex life
SECTION 33 – Authorisation concerning data subject’s criminal behaviour or biometric information
SECTION 34 – Prohibition on processing personal information of children
SECTION 35 – General authorisation concerning personal information of children
SECTION 36 – General
SECTION 37 – Regulator may exempt processing of personal information
SECTION 38 – Exemption in respect of certain functions
SECTION 39 – Establishment of Information Regulator
SECTION 40 – Powers, duties and functions of Regulator
SECTION 41 – Appointment, term of office and removal of members of Regulator
SECTION 42 – Vacancies
SECTION 43 – Powers, duties and functions of Chairperson and other members
SECTION 44 – Regulator to have regard to certain matters
SECTION 45 – Conflict of Interest
SECTION 46 – Remuneration, allowances, benefits and privileges of members
SECTION 47 – Staff
SECTION 48 – Powers, duties and functions of CEO
SECTION 49 – Committees of Regulator
SECTION 50 – Establishment of Enforcement Committee
SECTION 51 – Meetings of Regulator
SECTION 52 – Funds
SECTION 53 – Protection of Regulator
SECTION 54 – Duty of confidentiality
SECTION 55 – Duties and responsibilities of Information Officer
SECTION 56 – Designation and delegation of deputy information officers
SECTION 57 – Processing subject to prior authorisation
SECTION 58 – Responsible party to notify Regulator if processing is subject to prior authorisation
SECTION 59 – Failure to notify processing subject to prior authorisation
SECTION 60 – Issuing of codes of conduct
SECTION 61 – Process for issuing codes of conduct
SECTION 62 – Notification, availability and commencement of code of conduct
SECTION 63 – Procedure for dealing with complaints
SECTION 64 – Amendment and revocation of codes of conduct
SECTION 65 – Guidelines about codes of conduct
SECTION 66 – Register of approved codes of conduct
SECTION 67 – Review of operation of approved code of conduct
SECTION 68 – Effect of failure to comply with code of conduct
SECTION 69 – Direct marketing by means of unsolicited electronic communications
SECTION 70 – Directories
SECTION 71 – Automated decision making
SECTION 72 – Transfers of personal information outside Republic
SECTION 73 – Interference with protection of personal information of data subject
SECTION 74 – Complaints
SECTION 75 – Mode of complaints to Regulator
SECTION 76 – Action on receipt of complaint
SECTION 77 – Regulator may decide to take no action on complaint
SECTION 78 – Referral of complaint to regulatory body
SECTION 79 – Pre-investigation proceedings of Regulator
SECTION 80 – Settlement of complaints
SECTION 81 – Investigation proceedings of Regulator
SECTION 82 – Issue of warrants
SECTION 83 – Requirements for issuing of warrant
SECTION 84 – Execution of warrants
SECTION 85 – Matters exempt from search and seizure
SECTION 86 – Communication between legal adviser and client exempt
SECTION 87 – Objection to search and seizure
SECTION 88 – Return of warrants
SECTION 89 – Assessment
SECTION 90 – Information notice
SECTION 91 – Parties to be informed of result of assessment
SECTION 92 – Matters referred to Enforcement Committee
SECTION 93 – Functions of Enforcement Committee
SECTION 94 – Parties to be informed of developments during and result of investigation
SECTION 95 – Enforcement notice
SECTION 96 – Cancellation of enforcement notice
SECTION 97 – Right of appeal
SECTION 98 – Consideration of appeal
SECTION 99 – Civil remedies
SECTION 100 – Obstruction of Regulator
SECTION 101 – Breach of confidentiality
SECTION 102 – Obstruction of execution of warrant
SECTION 103 – Failure to comply with enforcement or information notices
SECTION 104 – Offences by witnesses
SECTION 105 – Unlawful acts by responsible party in connection with account number
SECTION 106 – Unlawful acts by third parties in connection with account number
SECTION 107 – Penalties
SECTION 108 – Magistrate’s Court jurisdiction to impose penalties
SECTION 109 – Administrative fines
SECTION 110 – Amendment of laws
SECTION 111 – Fees
SECTION 112 – Regulations
SECTION 113 – Procedure for making regulations
SECTION 114 – Transitional arrangements
SECTION 115 – Short title and commencement

Sections 1 – 115

POPIA Sections

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