Sat, Jun 22, 2024

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.

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