Does POPIA Apply To Social Media Posts?

The Protection of Personal Information Act, 4 of 2013 is to protect personal information and ensure that the right to privacy in terms of the Constitution is upheld. The POPIA further aims to protect an individual's right to privacy by prohibiting the unlawful collection, disclosure, retention and use of personal information.

Legal Framework

The Act defines personal information as information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to information relating to listed grounds such as race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person.