POPIA and Community Schemes

POPIA and Community Schemes

POPIA sets out principles or conditions, and therefore a framework for lawful processing of personal information. It applies to any person or organisation who processes personal information. Its purpose is to protect personal information by ensuring transparent processing thereof.

Application to and by every community scheme within this framework will be unique. However certain matters will be the same for all schemes.

It protects certain basic human rights enshrined in our Constitution, such as a right to privacy, and it brings the South African statutory framework in line with a major piece of regulation in the European Union, namely the General Data Protection Regulation (GDPR).

Underlying Principle 1: The fundamental building block, purpose and point of departure of POPIA is to safeguard personal information against misuse when processed “by parties given this responsibility in the act (designated the responsible party) to “give effect to (our) constitutional right to privacy, and to ensure transparency when dealing with personal information.

POPIA limits and balances this fundamental purpose by recognising and allowing for other constitutional rights, such as the right to access of information, and interests such as the free flow of information.

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