Page 109 - Research & Innovation Report 2020
P. 109

LAW






                   we all need to make sure that our businesses and

                   organisations have sufficient plans and policies in

                    place, including in contracts, to ensure that data

                   that is held by us on any platform, is dealt with as

                                      prescribed by the POPIA.”











            and selling of personal information on the open market is no
            longer allowed. Failure to comply with the POPIA rules may result
            in the IR imposing an administrative penalty of up to R10-million or
            imprisonment of up to 10 years, or both.”

            During a webinar hosted by Nelson Mandela University in January
            2021 titled WhatsApp Privacy Policy: Testing South African Data
            Protection Laws, attorney Lucien Pierce from PPM Attorneys, who
            has been in the cyberlaw space for the last 20 years, explained that
            an increasing number of business clients have been asking what
            the implications are for their businesses.

            He said: “Once the documents are on your device, it is not
            WhatsApp’s fault if you are storing them in an insecure manner. It
            is up to you to ensure that the documentation that you are storing
            on the device is secure. Much like if I bring documents home and I
            put them on my desk, I should ensure that my windows and doors
            are locked so that somebody who is up to mischief cannot access
            them.”

            He continued, “By the beginning of July 2021 every business and
            organisation was required to have a POPIA-registered information
            officer and a data protection policy; we all have to make sure our
            employees  are informed  about the POPIA,  and the information   Stephen Newman
            officer  needs  to  ensure  our  business  processes  protect  all
            information and data according to the law.        “In synopsis, we all need to make sure that our businesses and
                                                              organisations have sufficient plans and policies in place, including
            “Employees need to understand what they are and are not allowed   in contracts, to ensure that data that is held by us on any platform,
            to do when using company data, be it on WhatsApp or email or any   is dealt with as prescribed by the POPIA. And, whether you are
            service or platform. Highly confidential documents or information   an individual or an organisation, the watchwords should always be
            can be protected using technology.                ‘caution first’.”

















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