Relationship with other Acts
The POPI Act (POPIA) is just one of many Acts that govern South African law. When looking at the requirements of the POPI Act, the requirements of other Acts should also be taken into consideration.
The Protection of Personal Information Act (POPIA) and the Promotion of Access to Information Act (PIAI) hold a special relationship. Both can be seen as "information" laws, and are each on one end of a continuum. On the one end, PAIA is an "Access" law, all about Freedom of Information. POPIA on the other end, is about Priivacy - prevention of exposure of information. They shouldn't be seen as competing, both rather, both are there to help ensure that information is managed correctly.
Below are some of the other Acts that may impact the POPI Act compliance process.
- Basic Conditions of Employment Act 75 of 1997
- Broad-Based Black Economic Empowerment Act 53 of 2003
- Close Corporations Act 69 of 1984
- Companies Act 71 of 2008
- Compensation for Occupational Injuries and Diseases Act 130 of 1993
- Consumer Protection Act, No 68 of 2008
- Copyright Act 98 of 1978
- Electronic Communication and Transactions Act 25 of 2002
- Income Tax Act 58 of 1962
- Intellectual Property Rights from Publicly Financed Research and Development Act 51 of 2008
- International Standard for Records Management (ISO15489)
- Labour Relations Act 66/1995
- National Archives and Records Service of South Africa Act 43 of 1996
- National Credit Act 34 of 2005
- Promotion of Access to Information Act 2 of 2000 (PAIA)
- Promotion of Administrative Justice Act 3 of 2000 (PAJA)
- Protection of Personal Information Act 4 of 2013 (POPI)
- South African National Standard for Records Management (SANS 15489)
- The Constitution of the Republic of South Africa 1996
- Value Added Tax Act 89 of 1991
In addition to these Acts, other Industry specific Act, Regulations, Codes of Practice should be considered. In particular, the King Report on Corporate Governance, (King III and IV) should be considered.