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Information Regulator issues Guidelines for the development of Codes of Conduct
- 15 March 2021
- South African Accounting Academy
The purpose of a code is to establish a voluntarily accountability tool and to promote transparency for relevant bodies on how personal information should be processed. A code does not replace the relevant provisions in POPIA but operates in support of the requirements in POPIA. A code cannot limit a data subject’s right to privacy, which can only be done as provided for in POPIA.
The Guidelines envisage to direct and assist relevant bodies, including bodies or class of bodies of specified industries, professions, or vocations, to draft their own Codes of Conduct with the aim of compliance with the provisions of POPIA. The Guidelines establish a standard that the Regulator will apply when evaluating Codes of Conduct for approval and also afford to those industries, considering the implementation of a code of conduct, a practical guide to clearly address the aspects that the Regulator deems important.
The Guidelines will assist relevant bodies to prepare and submit for approval Codes of Conduct to the Regulator. It aims to provide a step-by-step process guidance. It is clear from the guidelines that industry bodies should conduct consultation with their stakeholders and decide on their own procedures and processes to be followed in dealing with, not only complaints, but also with overall compliance with POPIA through more specific and tailored compliance mechanisms. Simply put, the Codes of Conduct serve as a Roadmap to Compliance.
Click here to download the 24-page Guidance document:
https://www.justice.gov.za/inforeg/docs/InfoRegSA-Guidelines-DevelopCodeOfConduct-22Feb2021.pdf
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