POPIA: Information Regulator flexes its muscles: Enforcement Committee established.

POPIA

INFORMATION REGULATOR FLEXES ITS MUSCLES
ENFORCEMENT COMMITTEE ESTABLISHED

Dear employer

After the Information Regulator (‘the Regulator’) issued a warning to businesses and individuals regarding their compliance with the Protection of Personal Information Act (POPIA), it has taken a step towards monitoring compliance and actual enforcement of the Act, by establishing its Enforcement Committee on 4 August 2022.

POPIA provides that the Regulator may, upon receipt of a complaint, refer the complaint to the Enforcement Committee. This Committee must consider all POPIA and Promotion of Access to Information Act (PAIA) matters and make findings in respect thereof.

Should the Enforcement Committee recommend to the Regulator that a responsible party interfered or is interfering with the protection of the personal information of a data subject, the Regulator may serve the responsible party with an enforcement notice. Any person who fails to comply with an enforcement notice is guilty of an offence and may face penalties.

In the twelve months since the enforcement powers of the Regulator came into force, 150 access to information complaints and 544 protection of personal information complaints have been submitted to the Regulator.

We urge employers to utilise our POPIA Compliance Assistance Service to ensure they are not unprepared for the changes in the Information Regulator’s approach.

For more information:
NEASA Media Department
media@neasa.co.za