The collection, usage and sharing, of personal information is regulated primarily by the Protection of Personal Information Act 4 of 2013 (the “Act”). The Act has only recently been promulgated and is still in the process of being implemented.
Once the primary enforcement arm contemplated by the Act, the Information Regulator, is appointed, all website owners and/or administrators will be required to register with it, in order to make public what Personal Information is being collected, and what it is being used for.
The Information Regulator will be empowered to enforce compliance with the Act, including lashings*, and the ability to conduct investigations in order to ascertain whether a website is lawfully processing a user’s Personal Information.