This article outlines how bribery and corruption can affect organisations according to the law, and how organisations can implement measures to protect their reputation and conduct against these acts.
In terms of Section 51 of PAIA, and within six months after the commencement of that section (which was 15 February 2002), a private body had to compile a PAIA Manual. The Minister then made certain exemptions and indicated that private companies operating in certain sectors were exempted from submitting their manual, the sectors being companies with less than 50 employees or with a turnover under the threshold as published. This only related to the manual and not to compliance with PAIA.
Take notice that the Amendment Notice only applies to the Processing of Information in terms of Section 58, where the Information Regulator’s prior consent is required, for instance where information is processed for other purposes for which it was originally collected for eg Credit Reporting, etc. The deadline for compliance with POPIA remains unaffected.
Information protection authorities from across the globe are now pursuing investigative bodies for non-compliance with legislation aimed at Protecting Personal Information. An Investigative firm was recently fined more than €150,000 for illegally obtaining private bank records of an individual whom they were investigating.
Over the past few days, you may have received various e-mails from business entities claiming that you indicated that you would like to receive information from such business, OR that you are a previous customer and as such could receive the electronic marketing. You would have further been informed that should you wish not to receive such e-mails, you can “unsubscribe” or use the “opt-out” function.
This begs the question of whether the business entity can obtain your consent “by default” should you fail to “unsubscribe” or “opt-out”.
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