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POPIA: Information Regulator issued R5mil fine
- 19 July 2023
- Accounting
- South African Accounting Academy
The DoJ&CD has 30-days from 03 July 2023 to pay the administrative fine or make arrangements with the Regulator to pay the administrative fine in instalments or elect to be tried in court on a charge of having committed the alleged offence referred in terms of POPIA.
The fine was issued following the DoJ&CD’s failure to comply with the Enforcement Notice issued by the Regulator on 09 May 2023.
The Regulator issued the Enforcement Notice following the finding of the contravention of various sections of the Protection of Personal Information Act (POPIA) by the DoJ&CD. The Enforcement Notice had required the DoJ&CD to submit proof to the Regulator within thirty-one (31) days of receipt of the Notice that the Trend Anti-Virus licence, the SIEM licence and the Intrusion Detection System licence have been renewed. It also required the department to institute disciplinary proceedings against the official/s who failed to renew the licences, which are necessary to safeguard the department against security compromises.
The Regulator indicated that should the DoJ&CD fail to abide by the Enforcement Notice within the stipulated timeframe, “it will be guilty of an offence, in terms of which the Regulator may impose an administrative fine in the amount not exceeding R10 million, or liable upon conviction to a fine or to imprisonment of the responsible officials”.
Click here to download the Media Release:
Relevance to Auditors, Independent Reviewers & Accountants:
- POPIA is an important piece of legislation that your clients must comply with, and which you must assess compliance with. If they don’t comply with the relevant laws and regulations, you have certain reporting obligations in terms of NOCLAR (NOn-Compliance with Laws And Regulations) – this could include reporting to management, qualifying your audit opinion, reporting a Reportable Irregularity, etc.
- As an auditor, independent reviewer and accountant, you also need to be aware of media statements, enforcement notices, etc. that have been issued by the Information Regulator and its Enforcement Committee.
Relevance to Your clients:
- An entity (company or close corporation) should to be aware of media statements, enforcement notices, etc. that have been issued by the Information Regulator and its Enforcement Committee.
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