Call for Comment: proposed draft Rules of Procedure for the Enforcement Committee issued under POPIA

The Information Regulator of South Africa has issued a call for public comment on the proposed draft Rules of Procedure for the Enforcement Committee, issued under Section 92(2) of the Protection of Personal Information Act 4 of 2013 (POPIA).

The draft Rules regulate the referral of complaints to the Enforcement Committee, which is responsible for making recommendations to the Regulator against responsible parties or information officers in the event of a violation of the provisions of POPIA.

The Rules set out the powers and duties of the Secretariat of the Enforcement Committee as well as of the Committee itself and the manner in which complaints are to be adjudicated. They specify that the Enforcement Committee may hear complaints in terms of sections 74 and 92(1) of POPIA as well as any other matter in terms of section 92(1).

They also provide for the admission of amici curiae to the proceedings, which may lodge written submissions raising new information that may be useful to the Committee. After considering the findings and recommendations of the Committee, the Information Regulator may serve the responsible party with an Enforcement Notice, which has the force of an order of court.

The Invitation for Public Comments and Draft Rules of Procedure for the Enforcement Committee can be viewed here.

Please note: The information contained in this note is for general guidance on matters of interest and does not constitute legal advice. For any enquiries, please contact us at [email protected].