Protection of Personal Information (POPIA) & the Right to Access to Information (PAIA)

Disclaimer & Website Terms of Use


   

POPIA Exemptions

Whatever the size of your company, or whatever the size of your data processing operations, POPIA applies. No specific categories of data processors have been excluded.

However, there are a couple of specific exemptions in terms of information, purpose and geography. POPIA does not apply to:-

  1. Information that cannot, in itself or in combination with other information, identify a person (or company), and cannot be re-identified – s6(1)(b);
  2. Information that identifies a deceased person (or company) – (s1);
  3. Personal information used for personal or household purposes – s6(1)(a);
  4. Personal information that is required for national security or in the prevention and detection of unlawful activities – s6(1)(c);
  5. Personal information used solely for the purpose of journalistic, literary or artistic expression – s7(1);
  6. Processing personal information manually (“non-automated”) that does not form part of a filing system or intended to form part thereof – s3(1)(a); and
  7. Personal information processed by a person or company not domiciled in South Africa who does not make use of equipment (“means”) located in South Africa – s3(1)(b)