POPIA Compliance Frameworks

Recent enforcement action by the Information Regulator has included the requirement for a POPIA compliance framework to be implemented by the offending parties.

Compliance frameworks are compulsory for all public and private sector bodies. Not developing, implementing, monitoring, and maintaining a compliance framework for its POPIA obligations is a breach of the POPI Act that the Information Regulator is taking seriously and is threatening fines of up to R10 million.

The regulations relating to the Protection of Personal Information Act (2018) stipulate that information officers must ensure their organisation's responsible parties develop, implement, monitor and maintain a framework that will ensure the measures taken will be effective in protecting the rights of data subjects.

Establishing a compliance framework is part of a responsible parties accountability obligations. in particular, to ensure that all the measures that give effect to the conditions for the lawful processing of personal information, are complied with at the time of the determination of the purpose and means of the processing and during the processing itself.

A POPIA compliance framework is a governance mechanism. It is used to direct and prioritise the implementation of the measures and systems needed to sustain compliance. A POPIA?compliance framework identifies and assigns all the compliance obligations.

A governance dashboard summarises the current status of compliance for responsible parties and board members to monitor the implementation and operation of the measures required for compliance.

The active involvement of, and supervision by, the governing body and top management is an integral part?of effective compliance with POPIA obligations.