Course Description:
Privacy is a new and developing field in South Africa, but is a developed sphere of work in Europe, the United Kingdom, Australia and the United States. South Africa’s new data privacy legislation, the Protection of Personal Information Act, 2013 (POPI), brings South Africa into line with international best practices in the field of privacy.
POPI governs the way in which personal information is collected, stored, used, disseminated and deleted. It protects personal information of both individuals and corporate entities and inevitably applies to your organization.
POPI is coming into effect in stages. Certain sections commenced on 11 April 2014, which enable the appointment of an information regulator and the making of regulations. While the compliance obligations are not yet effective, this is the first step towards POPI becoming operative. The information regulator should be appointed and draft regulations should be published for comment within the coming months. The remaining sections will then be enacted and South Africans will have 12 months from the commencement of the remaining sections within which to become POPI compliant.
Compliance will be a continued process, and should be viewed as a practical yet business critical task. POPI is not aimed at impeding business growth and its application therefore involves common-sense measures that are relatively easy to implement in your business.
That said, non-compliance poses significant financial, operational and reputational risks. During this one-day workshop you will learn how POPI works, what it means for your business and where you need to start to become compliant. We will focus on some of the more complex issues arising from the requirements and through case studies and international experience, demonstrate how compliance can give you a competitive advantage.
Learning Objective:
Upon completing this course participants should:
- Understand the importance of privacy legislation and why it is good for South Africa;
- Know what POPI covers and when it applies;
- Be able to identify which information handled by an organisation is protected under POPI;
- Have insight into specific requirements, including:
- Cross-border transaction of information;
- Data security and service providers;
- Direct marketing and social media;
- Understand the significance of data subject rights and how to prepare for data subject access requests; and
- Be able to start formulating a POPI compliance project by conducting a privacy impact assessment.
Who will Benefit:
This course is designed for anyone who handles personal information, whether that of employees, affiliates, customers or service providers. No prior knowledge of privacy law is required. It will also benefit those who wish to discuss some of the more complex arising from POPI and its practical implementation in a business environment. The course is suitable for professionals of all levels and across multiple areas, but the following personnel may find it of particular benefit:
- Information officers
- IT and information security professionals
- Marketing professionals
- Customer service professionals
- Human resources professionals
- Regulatory professionals
- Compliance professionals
- Legal professionals.
AGENDA:
Registration Process: 8:30 AM – 9:00 AM
Session Start Time: 9:00 AM
- 10 things to know about POPI – this initial information session will include:
- A general overview of what POPI does and why it was enacted;
- An explanation of essential terminology; and
- An outline of some of the important compliance requirements. Several these will be discussed in detail during the later focus sessions.
- Focus session – Cross-border information transfers
- Focus session - Data security and service providers
- The requirements to security and integrity of personal information;
- Your obligations in respect of personal information processed by service providers on your behalf; and
- Contractual best practice when engaging with service providers.
- Practical session – where do we start?
- Focus session – Direct marketing and social media
- Practical session – Data handling and subject access requests
- Know if an organisation holds personal information about them;
- Access that information for;
- Request correction or deletion of inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained personal information; and
- Request destruction or deletion of personal information that an organisation is no longer authorised to retain. During this interactive session, we will demonstrate how these rights may be exercised and how they should be handled.
- Summing up - 3 reasons why POPI is good for South Africa
Personal information may only be transferred to a third party who is in a foreign country in limited circumstances, such as with the data subject’s informed consent or where the foreign recipient is subject to obligations similar to those under POPI that provide an adequate level of protection of the information. During this more in-depth session, we will cover the circumstances in which personal information can be transferred offshore, the factors to be considered in and obligations which arise from doing so.
POPI requires you to maintain minimum security standards in respect of physical and electronic personal information. Specific compliance obligations apply where personal information is processed by third party service providers on your behalf. This second focus session will cover:
This session is intended to get you started in preparing and implementing your POPI compliance project, beginning with a privacy impact assessment to identify any gaps in your current practice, policies and procedures. We will also spend some time working through example data flows.
POPI introduces an opt-in regime in relation to electronic direct marketing, including a requirement to obtain informed consent to approach prospective customers and providing a mechanism to opt-out at a later stage. There are also considerations arising from the use of social media for business purposes. We will address both of these subjects during this focus session.
A data subject has the right to
Having covered the practical application of various compliance requirements, we will conclude the workshop by discussing the ways in which compliance can give your business a competitive advantage.
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Local Attractions
Apartheid Museum:
The Apartheid Museum is a museum complex in Johannesburg dedicated to illustrating apartheid and the 20th century history of South Africa. An audio guide is available at the museum. Guided tours are also available and must be booked in advance. Apart from their permanent exhibition, the museum also has an ongoing programme of temporary exhibitions. Other amenities within the premises include a coffee shop and bookshop. The museum has an outdoor exhibit in its grounds as well.
Constitution Hill:
The Constitution Hill precinct is located at 11 Kotze Street in Braamfontein, Johannesburg near the western end of the suburb of Hillbrow. Constitution Hill is the seat of the Constitutional Court of South Africa. The first court session in the new building at this location was held in February 2004. The hill was formerly the site of a fort which was later used as a prison. The original prison was built to house white male prisoners in 1892. The Old Fort was built around this prison later to protect the South African Republic from the threat of British invasion. Boer military leaders of the Anglo-Boer War were imprisoned here by the British. Both political activists opposed to apartheid and common criminals were held at the prison. Mahatma Gandhi was imprisoned here in 1906 and Nelson Mandela in 1962. Joe Slovo, Bram Fischer, Albert Luthuli and Robert Sobukwe were also inmates in this prison.
Johannesburg Zoo:
The Johannesburg Zoo is a 140-acre zoo. Established in 1904, the zoo is dedicated to the accommodation, enrichment, husbandry, and medical care of wild animals, and houses about 2000 individuals of 320 species. Tours and excursions around the zoo are offered under the auspices of the zoo's education department. It is one of the few places in the world with white lions (a genetic mutation of African lions), and has had considerable success in their breeding; these are more sought after than tawny lions by other zoos. The Johannesburg Zoo is also the only zoo in South Africa to have successfully bred Siberian tigers, the largest cats in the world.
Cradle of Humankind:
The Cradle of Humankind is a World Heritage Site first named by UNESCO in 1999, about 50 kilometres northwest of Johannesburg in the Gauteng province. This site currently occupies 47,000 hectares; it contains a complex chain of limestone caves, including the Sterkfontein Caves, where the 2.3-million year-old fossil Australopithecus africanus (nicknamed Mrs. Ples) was found in 1947 by Dr. Robert Broom and John T. Robinson. The find helped corroborate the 1924 discovery of the juvenile Australopithecus africanus skull, Taung Child, by Raymond Dart, at Taung in the North West Province of South Africa, where excavations still continue. The name Cradle of Humankind reflects the fact that the site has produced a large number of, as well as some of the oldest, hominin fossils ever found, some dating back as far as 3.5 million years ago.
Lion Park:
Lion Park is a 500 acre lion wildlife conservation enclosure in Gauteng province in South Africa. The Lion Park is situated near Lanseria Airport and Fourways within distance of Johannesburg and Pretoria. The park has a large variety of predators and large herbivores indigenous to Africa. It is home to over 80 lions including the rare white lions and many other carnivores such as cheetah, wild dog, brown and spotted hyena, black backed jackal, and a wide variety of antelope which roam freely in the antelope area.
Hector Pieterson Museum:
The Hector Pieterson Museum is a large museum located in Orlando West, Soweto, South Africa, two blocks away from where Hector Pieterson was shot and killed. It became one of the first museums in Soweto when it opened in 16 June 2002. A companion museum nearby is Mandela House, the former home of Nelson Mandela and his family, which has been run as a museum since 1997. The museum covers the events leading up to, and during, the anti-Afrikaans Soweto Uprising.
Johannesburg Botanical Garden:
The Johannesburg Botanical Garden is located in the suburb of Emmarentia. The gardens were established in 1964 as a large rose garden (locally known as the Rose Garden) and subsequently expanded to cover an area of around 125 hectares. It is administered by Johannesburg City Parks. The Emmarentia Dam is situated immediately to the east of the garden and shares its extensive acreage. One of the main attractions is the Rose Garden with over 10, 000 roses.
