POPIA: Invitation for public comment. Regulations on the processing of data concerning a person’s health or sex life

This newsletter is specifically directed at the following employers/operators:

• Insurance companies

• Medical Schemes

• Medical Scheme Administrators

• Managed Health Care Organisations

• Administrative Bodies

• Pension Funds

• Employers/institutions working for administrative bodies or pension funds

Dear employer

The Information Regulator has published a set of draft regulations, in terms of the Protection of Personal Information Act (POPIA), for public comment, relating to the processing of personal information concerning a person’s health or sex life by certain responsible parties (see the list in the block above).

The Information Regulator has the power to issue regulations or Codes of Conduct that pertain to specific instances of information processing, the processing of certain types of information, or, as in this case, apply to specific organisations or employers.

The regulations propose additional obligations on these employers when processing health or sex life information of their data subjects, especially if these employers rely on “the pursuance of their own legitimate interests, or that of a third party to whom the information is supplied”, and not consent, as the lawful ground or purpose for the processing of personal information.

NEASA will be making submissions in which it advises the Information Regulator to rather invite stakeholders in the medical scheme-, insurance-, health administrators and pension industry to submit proposals for a Code of Conduct to regulate information processing across the industry, ensuring uniformity and legal certainty.

It is crucial for all information officers of the involved employers to familiarise themselves with the regulations and should they wish to do so, submit written comments thereon on or before Friday, 10 October 2025, by sending them via email to JJJansen@infoRegulator.org.za.  

For more information

NEASA Media Department

media@neasa.co.za

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