Topic 2: Regulations on personal information! Copy

The Act regulates how anyone who processes personal information must handle, keep and secure that information. If an individual or a company processes personal information relating to a person, that individual or company must comply with the Act.

The following offences are, if committed, punishable with either a fine (not exceeding R10 million), or imprisonment (for a period not exceeding 12 months),  or both:

• Failure to notify the Regulator that processing is subject to prior authorisation – if a  responsible party fails to notify the Regulator  that processing, which is about to be  embarked upon, is subject to prior  authorisation from the Regulator, that person  will be guilty of an offence;
• Breach of confidentiality – any person who breaches the provisions of s54 of the Act,  which states that a person acting on behalf  of or under the direction of the Regulator must  treat all personal information they come across  as confidential, will be guilty of an offence;
• Obstruction of the execution of a warrant – a person who obstructs or fails to give assistance  to a person executing a warrant in terms of the  Act will be guilty of an offence;
• Failure to comply with enforcement or information notices – if a responsible party in  purported compliance with an information notice served on it, makes a false statement,  it will be guilty of an offence; and
• Offences by witnesses – a person will be guilty of an offence where such a person is  summoned to give or produce evidence before the Regulator and that person either:
  • does not attend;
  • fails to remain in attendance;
  • refuses to be sworn in or to make an affirmation;
  • does not answer fully and satisfactorily; or
  • does not produce any item that they have been summoned to produce.