New personal data laws for South Afrca

How does this stack up with data retention laws where you must keep all transaction records (invoices etc.) for 5 years?

Would we, after 6 months, have to change our records to say that we sold something to Mr. XXXX XXXXXX instead of Mr. John Doe?
 
Argh, just will probably just translate to more paperwork(costs) in the end. Will have to go and sit down and read through the law myself to see what it is all really about...
 
So yet again small businesses get screwed. How are we supposed to appoint an "Information Protection Officer" or find the time for this in a small company? What IT company of any size doesn't have projects that involve storing personal information at some level? What is wrong with the tried and tested principles of common law that have been perfectly functional for the last few centuries of commerce?

I swear this country is becoming more and more like the USSR daily. The next thing they'll assign an individual party commissar to every company to report if we aren't complying with all myriads of regulations, laws, taxes, compliances, registrations, certifications and licences.
 
So if MTN sells my number to spammers they can go to jail under this act?
The hope is that this act will have a significant impact on spam and other unsolicited marketing.
 
So yet again small businesses get screwed.
Not at all from what I can see unless you trade in people's private information.

How are we supposed to appoint an "Information Protection Officer"
You should already have one if your company is compliment with the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).

or find the time for this in a small company?
How does it take time? :confused:

What IT company of any size doesn't have projects that involve storing personal information at some level? What is wrong with the tried and tested principles of common law that have been perfectly functional for the last few centuries of commerce?

Most of the recommendations have been around for ages now. Most ISPA members are already pretty complient.

I swear this country is becoming more and more like the USSR daily.
Yeah, the USSR were well known for pushing pro privacy law :rolleyes:

The next thing they'll assign an individual party commissar to every company to report if we aren't complying with all myriads of regulations, laws, taxes, compliances, registrations, certifications and licences.
Or perhaps they`ll just invade us with giant pacman monsters.
 
Not at all from what I can see unless you trade in people's private information.
I think you're confused. This act applies to any business that stores any kind of personal information. It's not solely about trading in information.

You should already have one if your company is compliment with the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000).
Really? The PAIA says I should appoint a personal information protection officer? This is news.

How does it take time? :confused:
I assume you haven't read the bill and the numerous security and retention measures you are required to take ?

Most of the recommendations have been around for ages now. Most ISPA members are already pretty complient.
Again, I think you're missing the point. This is about ANYONE who holds ANY personal data. Does your company have a payroll? Of course - all companies do. This data comprises personal information that will fall under PPI. Does your company maintain a client contact list? Of course it does - this falls under PPI. Are you a software company that builds websites with contact forms - that falls under the PPI... etc etc

Yeah, the USSR were well known for pushing pro privacy law :rolleyes:
They were known for crippling bureaucracy, mostly poorly thought out and dysfunctional as a way for the state to stamp their authority on everything.
 
Businesses will have to notify [highlight]the regulator[/highlight] in writing should they engage in personal data processing activities and must ensure that they do not keep any personal information for a period longer than is strictly required for the stated purpose under which the data was collected.

I presume that this will be a new regulator that is to be established soon after the enactment, as opposed to an existing abortion like ICASA.

Any such regulator will have unprecedented access to the personal information of South Africans held by companies across the country, what prevents employees of the regulator from being infiltrated/corrupted by criminal elements (especially those of the cANCer/Nigerians).
 
I presume that this will be a new regulator that is to be established soon after the enactment, as opposed to an existing abortion like ICASA.

Any such regulator will have unprecedented access to the personal information of South Africans held by companies across the country, what prevents employees of the regulator from being infiltrated/corrupted by criminal elements (especially those of the cANCer/Nigerians).

Great observation. I hadn't thought of that.

Also, what's this about a R10m administrative fine? Isn't that a little excessive? Perhaps a smaller fine, say R5000, and larger fines/imprisonment for repeat offenders.

I can see where this law will affect my parents company. Someone approaches them looking for a job, they fill out a two page application form where they require all kinds of sensitive information like, "Were you ever in jail, and if so, why", "Have you ever been on drugs?", "Do you have any disabilities?", "What are your religious beliefs", etc. The their main issue is that they've kept these application forms stored since the company began in 1998, so there are around 100 of them. I take it that this new law says those documents must be destroyed?
 
I think you're confused. This act applies to any business that stores any kind of personal information. It's not solely about trading in information.
I didnt say it didnt apply to stores.


Really? The PAIA says I should appoint a personal information protection officer? This is news.
http://www.dhs.gov.za/Content/PAIA/paia_manual.htm#_Toc34107343 Does your company not have a PAIA with an information officer listed on it? :confused:


I assume you haven't read the bill and the numerous security and retention measures you are required to take ?
I assume you cant answer my question?


Again, I think you're missing the point. This is about ANYONE who holds ANY personal data. Does your company have a payroll? Of course - all companies do. This data comprises personal information that will fall under PPI. Does your company maintain a client contact list? Of course it does - this falls under PPI. Are you a software company that builds websites with contact forms - that falls under the PPI... etc etc
So tell me how this affects you... really. still waiting.

They were known for crippling bureaucracy, mostly poorly thought out and dysfunctional as a way for the state to stamp their authority on everything.
:rolleyes:
 
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I didnt say it didnt apply to stores.
Umm... stores as in databases...


http://www.dhs.gov.za/Content/PAIA/paia_manual.htm#_Toc34107343 Does your company not have a PAIA with an information officer listed on it? :confused:
PAIA has NOTHING to do with PPI. What does a PAIA officer have to do with a PPI officer? These are not the same roles/functions.


I assume you cant answer my question?
You haven't answered mine - have you actually read the PPI act? If you had you would see that there are numerous requirements for data containing any type of personal information. This will require someone to go through, in our case, literally hundreds of applications and databases, to firstly determine if they contain personal data, and then implement the measures required in the act on an ongoing basis.

So tell me how this affects you... really. still waiting.


:rolleyes:
Seriously, I don't think you're fully understanding this.
 
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