POPIA – extension granted in terms of Section 58

POPIA – extension granted in terms of Section 58

Written on 06/01/2021
MJ Minter Inc

The Information Regulator (Regulator) announced on 18 June 2021 that they are granting an extension on the application on processing as set out in Section 58(2) from 1 July 2021 to 1 February 2022. It is important to note that this is not an extension of compliance to the POPIA but only refers to the implementation of Section 58(2). Section 58 deals with the requirements that a responsible party must notify the Regulator if processing is subject to prior authorisation.

The extension means that the responsible parties that are currently processing personal information that is subject to prior authorisation will continue to do so for the next 7 months, while submitting their applications and providing the Regulator with additional time to process the applications. These responsible parties must therefore continue to submit their applications to the Regulator.

The Regulator confirmed on 22 June 2021 that there is no deadline for the registration of Information Officers (IOs) and Deputy Information Officers (DIOs).  The registration of the IO and DIO were being done via a registration portal. The portal has had numerous technical problems and the Regulator has decided to inform the responsible parties that IOs and DIOs do not need to be registered by 1 July 2021. The Regulator is in the process of dealing with the portal and making changes to accommodate specifically the situation where a person is an IO for multiple entities, at present the portal only allowed an identity number to be used once, which is a problem for some responsible parties.

Should you require any further advice in this regard please do not hesitate to contact our offices.