In a nutshell, POPI will aim to balance our right to the free flow of information and our right to Privacy. In other words, POPI regulates how your personal information is processed.
POPI regulates the “processing” of personal information. This definition is broad. It covers, amongst other things, the collection, receipt, recording, organisation, collation, use, and dissemination of information. This does not mean that CCTV surveillance is unlawful or prohibited. However, it does mean that – once the operative provisions of POPI are in force – Vumacam must comply with the provisions of POPI.
For now, the best we can do is to interpret POPI according to the general language-context-purpose framework for statutory interpretation in South African law. Our courts are also likely to look for comparative guidance in jurisdictions with more developed data protection jurisprudence. In particular, POPI’s language closely tracks EU data protection laws. In formulating our processes and procedures, Vumacam has adhered closely to the EU GDPR (General Data Provision Regulation) provisions .