Protection of Personal Information Act, 2013 (Act No. 4 of 2013)

Codes of Conduct

Guidelines to Develop Codes of Conduct

Part 1 - Introduction: The Legislative Framework

5. Purpose of these guidelines

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The primary purpose of these guidelines is to outline how all the conditions for the lawful processing of personal information are to be applied or complied with by relevant bodies.

 

These guidelines:

 

5.1 assist relevant bodies to decide whether it is appropriate for them to develop a code;

 

5.2 clarify when the Regulator will develop a code on its own initiative or when relevant bodies may develop a code;

 

5.3 provide for stakeholder consultations when a code is being considered;

 

5.4 outline matters that need to be addressed in the issuing and registration of approved codes;

 

5.5 clarify when notifications will be issued by the Regulator on the availability of a proposed code for inspection;

 

5.6 outline the procedures that may be prescribed in a code for dealing with complaints;

 

5.7 outline matters relating to the reviewing, amendment, or revocation of an issued code;

 

5.8 apply to any specified personal information or class of personal information, activities, industry, profession or vocation, or class of industries, professions, or vocations that in the opinion of the Regulator has sufficient representation;

 

5.9 afford an opportunity to develop a framework that will support the lawful application of POPIA in a transparent and cost-effective manner;

 

5.10 foster the lawful and reasonable processing of personal information in accordance with POPIA which is beneficial to all sectors, encompassing the needs and rights of relevant bodies and data subjects;

 

5.11 assist relevant bodies that process personal information to comply with POPIA;

 

5.12 encourage relevant bodies, when developing a code, to ensure that such code builds trust amongst data subjects and stimulates transparent processing of personal information; and

 

5.13 create the opportunity to develop best practices and ultimately attain improved compliance with POPIA.