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Section 58(2) of POPIA in effect on 1 February 2022

June 29, 2021

Department of Justice and Constitutional Development

Section 58(2) of the Protection of Personal Information Act will now come into effect on 1 February 2022.

The justice and constitutional development department published the amendment to the commencement date in Government Gazette 44761.

The Information Regulator had originally determined that 1 July 2021 was the date on which section 58(2) would become applicable to processing referred to in section 57.

Section 58(2) stipulates that “responsible parties may not carry out information processing that has been notified to the Regulator in terms of subsection (1) until the Regulator has completed its investigation or until they have received notice that a more detailed investigation will not be conducted”.

Section 57 focuses on processing subject to prior authorization.

The processing of any unique identifiers of data subjects, information on criminal behaviour or on unlawful or objectionable conduct on behalf of third parties, information for the purposes of credit reporting or the transfer of special personal information or the personal information of children to a third party in a foreign country with inadequate protection of personal information requires prior authorisation from the Regulator.