Circular 6/2021: Implementation of the POPI Act 2013 (Act 4 of 2013)


06 October 2021

IMPLEMENTATION OF PROTECTION OF PERSONAL INFORMATION (POPI) ACT, 2013 (ACT NO 4 OF 2013) 

 

TO:      NATIONAL DEPARTMENT OF HEALTH

             PROVINCIAL DEPARTMENTS OF HEALTH

             NURSING EDUCATION INSTITUTIONS

             ALL STAKEHOLDERS

 

IMPLEMENTATION OF PROTECTION OF PERSONAL INFORMATION (POPI) ACT, 2013 (ACT NO 4 OF 2013)

 

  1. PURPOSE

The purpose of this circular is to inform the National Department of Health, Provincial Departments of Health, Nursing Education Institutions and other stakeholders about the implementation of the above-mentioned POPI Act, 2013 by the South African Nursing Council (SANC).

  1. PROMULGATION OF THE ACT

The POPI Act, 2013 was initially passed in 2013 and has since been implemented in stages. The last of these stages has had a very direct and profound impact on the way in which organizations and people deal with other people’s information.

  1. PROCLAMATION FOR IMPLEMENTATION- JULY 2021

As of the 1st of July 2021, Sections 55 to 109, Section 111 and Sections 114 (1), (2) and (3) commenced and on the 30th of June 2021 Sections 110 and 114 (4) commenced.

  1. IMPLEMENTATION BY THE SOUTH AFRICAN NURSING COUNCIL

The Registrar of the SANC must, in terms of the Nursing Act, 2005 (Act No. 33 of 2005) keep registers in respect of Nurse practitioners which information includes personal details of Nurses.

In line with the provisions of the POPI Act, 2013 the Registrar is appointed by the Information Regulator as the Information Officer, whose responsibilities flow from the Act.

In order to ensure compliance with these provisions, the SANC is taking the necessary steps to ensure its clients’ Personal Information remains protected. To this end, the SANC will henceforth not disclose any Personal Information in its custody to any third party, unless proper procedure is followed via a fully completed and signed Consent Form (see attached). Only information that has been consented to will then be provided to specifically authorized individuals. This may impact on certain services rendered by the SANC, especially those where a person attempts to solicit services from the SANC on a Nurse’s behalf. This will not affect the processes related to the payment of annual statutory registration fees by Employers on behalf of clients.

We would appreciate it if you could kindly share this information with all persons in your institutions.

For further information in respect of this Circular, you are advised to contact Mr. Benjamin Grobler, Senior Manager: Learner Affairs at (012) 420-1074 or on email address: [email protected]

Yours sincerely

Ms S.A. Mchunu

Registrar and Chief Executive Officer (CEO)