POPI registration website crashed, deadline postponed
There will be no deadline for the registration of Information officers and Deputy Information Officers; meaning that no responsible party will be held liable for not registering by 30 June 2021.
In a statement released on Tuesday, the
Information Regulator said this decision follows technical glitches with
the registration portal and numerous concerns raised by responsible parties
regarding the registration process.
“The regulator is currently looking into alternative registration processes and
will communicate this in due course. We understand that our portal
malfunctioning has caused a lot of anxiety and panic and for that, we really do
apologise,” Chairperson of the Information Regulator, Advocate Pansy Tlakula
said.
The registration of a Chief Executive Officer (CEO) as an Information Officer
for multiple legal entities has been taken into consideration and it will be
permissible.
The registration portal is currently being configured to accommodate these
changes. When the registration portal has been updated, it will be announced.
“The Protection of Personal Information Act (POPIA) enforcement powers as
promulgated by the President of South Africa in June 2020 will still be coming
into effect as of the 1 July 2021. The Information Regulator had thus afforded
responsible parties a one-year grace period to be compliant with POPIA.
“For responsible parties to be compliant with POPIA, they are required amongst many actions, to appoint and register their Information Officers with the Information Regulator and apply for Prior Authorisation before processing personal information,” the regulator said.
There
has been an exponential increase in engagement from responsible parties with
the regulator. This as the POPIA enforcement powers draw closer and are less
than 10 days away.
Furthermore, the regulator has extended the applications for Prior
Authorisation in terms of section 57 (1) subject to section 58 (2) to 01
February 2022.
Responsible Parties must obtain prior authorisation from the regulator prior to
any processing of personal information where that responsible party plans to:
- Process any unique identifiers of a data subject.
- Process information on criminal Behaviour or on unlawful or objectionable conduct on behalf of third parties.
- Process information for purposes of credit reporting.
- Transfer special personal information or personal information of children to foreign countries that do not provide an adequate level of protection for the processing of personal information.
The
Information Regulator as of 30 June will also be taking over the function of
the Promotion of Access to Information Act (PAIA) from the South African Human
Rights Commission (SAHRC).
Should the public require lodging a complaint, they may approach the
Regulator to adjudicate, or they may approach the court directly.
Kind regards
Natalia Rosa


