Sun, Feb 9, 2025

The official Financial Regulation Journal of SAIFM

POPI – The right of a data subject to institute civil action against a responsible party

Fasken Associates in the Johannesburg office Dispute Resolution & Litigation practice group Emma Alimohammadi and Andricia Hinckemann examine the damages as a result of a breach in terms of the Protection of Personal Information Act 4 of 2013 (otherwise known as POPI or POPIA).

Section 22 of POPI, deals with a responsible parties obligation to notify data subjects of security compromises and may also result in civil action to be taken against the responsible party. An example of non-compliance with this section may include instances where an unauthorised person accesses or acquires the personal information of a data subject and the responsible party fails to notify the data subject and Information Regulator. Emma and Andricia discuss this specific section of POPIA in this episode of Fasken Perspectives.

Click here to listen to the audio

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