We have already established who needs to make sure they become best friends with POPI, how she affects you and what she protects.
But, is there any exceptions when it comes to her and the Act?
The accountability rests with the “responsible party”, which the Government Gazette defines as “a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information”.
The Gazette also states that processing of personal information is not in breach of a condition for the processing of such information if the
- a) Regulator grants an exemption in terms of section 37; or
- b) processing is in accordance with section 38.
This means that various state functions, specifically criminal prosecutions and national security, judiciary functions, as well as journalism is exempted from the act.
The Gazette adds that the Regulator may, by notice in the Gazette, “grant an exemption to a responsible party to process personal information, even if that processing is in breach of a condition for the processing of such information”.
Make sure to read our next story about POPI, where we talk about who is affected and held accountable.
If you’d like to know more and get the easiest solution for your business to comply with POPI, fill in the form below:
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