On 22 February 2021, the Information Regulator released a statement concerning the publication of Guidelines to Develop Codes of Conduct (the Guidelines) in terms of Section 65 of the Protection of Personal Information Act 4 of 2013 (POPIA).
The Guidelines outline matters concerning the development of codes of conduct. The purpose of The Guidelines is to:
- Assist relevant bodies to decide whether it is appropriate for them to develop a code;
- Clarify when the Regulator will develop a code on its own initiative or when relevant bodies may develop a code;
- Provide for stakeholder consultations when a code is being considered;
- Outline matters that need to be addressed in the issuing and registration of approved codes;
- Clarify when notifications will be issued by the Regulator on the availability of a proposed code for inspection;
- Outline the procedures that may be prescribed in a code for dealing with complaints;
- Outline matters relating to the reviewing, amendment or revocation of an issued code.
The Guidelines will be published in the Government Gazette and will be effective from 1 March 2021.
The Statement further announced the commencement dates of the Regulations issued in terms of Section 112(2) of POPIA, which are as follows:
- Regulation 4 will be effective on 1 May 2021;
- Regulation 5 will be effective on 1 March 2021; and
- The residual Regulation will be effective on 1 July 2021
Please note: The information contained in this note is for general guidance on matters of interest, and does not constitute legal advice. For any enquiries, please contact us at [email protected].