Cracking Down On Privacy: Are You Prepared For A Data Privacy Audit?

In the last few months, the Information Regulator has intensified efforts to investigate and enforce compliance with data privacy and protection laws among responsible parties. In terms of section 77H(1) of PAIA, read with sub-regulation 14(2) of the PAIA Regulations, and section 40(1)(b)(vi) of POPIA, the Information Regulator has the power to conduct compliance assessments on its own initiative or upon request, to determine whether a responsible party generally complies with the provisions of PAIA and POPIA.

It has been almost three years since POPIA came into force, and it is assumed that organisations have had ample time to get their ducks in a row when it comes to POPIA and PAIA compliance. But have they? Ensuring compliance within an organisation is the information officer's responsibility, and an information officer can be held personally liable for gross infringements of PAIA provisions. It is important that information officers are adequately equipped to