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‘POPI’ Part 11

The New Protection Of Personal Information (POPI) Act

– PART 11 –

PRINCIPLE #9

CODES OF CONDUCT (Sections 60 – 68)

The Information Protection Regulator (‘IPR’) may issue a code of conduct (‘COC’) BUT there is also a voluntary option (see below)!

Such COC must inter alia contain the eight principles we have discussed in previous inserts and how they are to be applied – this must be done in plain language (as per the Consumer Protection Act – ‘CPA’ – and in detail).

The COC may be issued of by the IPR of his/her own accord or upon request – the latter is allowed in the case of a body that is ‘sufficiently representative of class of bodies, industry or profession’ – this is thus an ideal opportunity for bodies in the travel and tourism industry such as SATSA, ASATA, EXSA, SAACI, SITE and others to self-regulate as opposed to being regulated and prescribed to – it could even be done at an ‘over-arching’ level with industry-wide participation e.g. via the Tourism Business Council (‘TBCSA’)

Either way it will be advertised in the Government Gazette (‘GG’) and call for submissions – however who reads the GG: lawyers and insomniacs!? Accordingly I feel it is imperative that the travel, tourism, incentive travel, event and exhibition industry pool resources and go the ‘voluntary route’ and they must do so ASAP!

Once issued it will be available for perusal (free) and/or purchase (price to be paid) at the offices of the IPR and on its website – clearly whichever route a business follows (see discussion and suggestions above), the same should apply regarding availability.

The COC may (but more than likely will) contain provisions to deal with complaints about breaches of the COC and (may) will also deal with spam (see our next insert in the next edition) – it would therefore be extremely practical to combine this complaints procedure with that required for the CPA and kill two birds with one stone! Come to think of it, the industry at large could do exactly the same with the COC as it is required in terms of the CPA as well.

Likewise the IPR may issue guidelines for organizations (‘bodies’) to draft their own COC and will keep a register of such ‘approved COC’.

What businesses should do ASAP – it may well be a good idea to review any current COC a business or association may have, and to incorporate (at least!) the above eight principles PLUS spam issues.

Disclaimer: This article is intended to provide a brief overview of legal matters pertaining to the travel and tourism industry and is not intended as legal advice. © Adv Louis Nel, BENCHMARK, April 2014.