Update on South Africa’s Data Protection Regime
Data protection in South Africa is regulated under the broad constitutional
right to privacy, the common law, and a few pieces of legislation that contained
interim provisions relating to data protection. Until very recently, South
Africa did not have data protection‑specific legislation. With the increase
in electronic commerce globally, large industries managing computerised databases
of millions of individuals’ records and the surveillance potential of computer
systems, prompt demands for specific rules governing the collection and handling
of personal information arose.
The South African Law Commission finalised an investigation into privacy
and data protection in South Africa, and recommended the creation of the Protection
of Personal Information Act (the “Act”). Although signed into law in November
2013, April 2014 marked the partial commencement of the Act with only several
sections coming into force, including those related to the establishment of
the information regulator, the issuance of regulations to the Act and the
definitions clause which, in the latter instance, codified concepts crucial
to data protection including “processing” and “personal information.”
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W. Barry Nixon is the COO, PreemploymentDirectory.com the leading background screening information portal and online worldwide directory of professional background screening firms and Suppliers to the background screening industry. He co-authored the landmark book, Background Screening & Investigations: Managing Hiring Risk from the HR and Security Perspective. He also is the publisher of award winning newsletters, The Background Buzz and The Global Background Screener, and the author of the Background Checks column in PI Magazine.
In addition, Barry is a past recipient of the elite ‘Top 25 Influential People in Security’ by Security Magazine and past Co-Chair, International Committee for the National Association for Professional Background Screeners (NAPBS). He currently serves as a Global Ambassador for NAPBS.
You can contact Barry at 1-949-770-5264 or online at wbnixon@preemploymentdirectory.com