Data Protection in South Africa

Data protection laws in South Africa

The right to privacy is recognized as a fundamental human right in the Bill of Rights of the Constitution of the Republic of South Africa and is protected in terms of the Constitution and the common law. This right to privacy is not absolute and may be limited where it is reasonable and justifiable to do so.

The Protection of Personal Information Act 4 of 2013 (POPIA) came into effect on 1 July 2020 but was subject to a one year grace period which ended on 30 June 2021. POPIA specifically regulates the processing of personal information that is entered into a record pertaining to natural living persons as well as existing legal persons.

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