Protection of Personal Information Act (POPI Act)
What is the POPI Act?
In terms of the act, personal information is only allowed to be processed if the end-user consents to it being processed. This includes the specific purposes for which the personal information is being collected.
The introduction of the POPI Act means that South African citizens have the right to:
protect their data and privacy
gain insight into what data is collected about them (for example, through the use of website cookies)
request that it be corrected or deleted
POPI gives an individual specific rights in respect of organisations handling their personal information, gives more control over their personal information and the knowledge of how their information is being used. The individual is informed about what personal information is collected, by who and why so that they are able to make informed decisions.
Promotion of Access to Information Act (PAIA)
What is PAIA?
The Promotion of Access to Information Act 2 of 2000 (PAIA) is South Africa’s access to information law and it enables individuals to gain access to information held by both public and private bodies.
PAIA gives effect to section 32 of the Constitution which provides for the right of access to:
any information held by the state;
any information that is held by another person and that is required for the exercise or protection of any right.
PAIA aims to bring a balance between the interests and rights of:
the requester of a record; and
the public or private body (business) that holds the record.
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