POPI made easy

With more than a third of South Africa’s companies having experienced data breaches, it is safe to say that cybercrime is a very real threat to businesses and consumers alike.

Other than the potential regulatory ramifications, a data breach could potentially have significant negative implications upon the organisation’s financial position in that it could be drawn into a civil suit (emanating from data breach victims and/or the regulator). Furthermore, and equally importantly, is the fact that the organisation could suffer irreparable reputational harm, particularly if the communication and rectification of the data breach is not handled in an appropriate manner.

A dangerous game

It is clear there is an immediate and pressing need for organisations to get to grips with the Protection of Personal Information Act (POPI) and the implications of falling short of the requirements of the Act.

POPI aims to protect companies and consumers from the dangers associated with personal information falling into the wrong hands as a result of such data breaches, and businesses who handle personal information must do so in accordance with the Act and its eight conditions for lawful processing.

POPI legislation will significantly affect insurers, brokers and loss adjusters. The impact of this legislation is far-reaching and familiarity with POPI is fundamental to delivering a professional insurance service.

Free e-book

With many of the Act’s provisions already in effect, Camargue launched a new electronic guide to POPI. The e-Book, which is a digital guide (PDF), is available for free to brokers and their clients, to simplify the Act and its requirements, so that time spent sifting through the Act’s legalese is minimised.

The e-Book is extremely user friendly, with automatic links from the index to the relevant sections. It clearly explains each aspect of the regulation, and also makes use of practical examples and case studies to clarify the Act’s requirements.

The guide covers many different topics relating to POPI such as the conditions for lawful processing, penalties and offences under the Act, as well as dealing with data leaks to name but a few. It explains important definitions such as personal information and data subjects and highlights areas of increased concern and liability to businesses by highlighting the dangers of data breaches and providing information on what can be done to minimise exposures.

Comprehending legislation

From a data breach perspective, as technology develops, so do methods of exploiting the technology. Again, information sharing is imperative in winning this battle and unfortunately, without legislation requiring that data breaches be publicised, South Africa is still a long way from achieving this.

Without a clear understanding of the legislation, and the impact thereof, brokers cannot properly advise their clients. This could also expose brokers to potential lawsuits (should they not render the appropriate advice) and may thus result in brokers not being willing to consult to and advise clients on this type of cover.

One of the key elements advisers can take out of the product is that it puts great emphasis on the fact that the Act brings with it three elements of potential liability that companies need to prepare for and mitigate. These are civil liability for interference with personal information, criminal, and administrative liability. The Act also looks at some large-scale data breaches that have occurred world-wide within the last few years and the impact that these breaches have had.

The guide was written with simplicity in mind and is easy to follow and digest. The fact that it is digital means that it can be accessed with ease anytime, anywhere. The guide has been hyperlinked extensively to aid navigation.
POPI Made Easy should not be seen as a substitute for legal advice - which should be secured in consultation with a qualified lawyer. Download your free copy of Camargue’s e-Book here: http://bit.ly/1fwiVi2