The Information Regulator says the historic R5 million fine imposed on the Department of Justice and Constitutional Development is just the beginning.the government department with the multimillion-rand mulct for breaching the country’s Protection of Personal Information Act .
In the case of the DoJ&CD, it was fined after it failed to take measures to protect personal information following a ransomware attack in 2021.licence, as well as its intrusion detection system following the cyber attack. Perpetrators can face fines of up to R10 million or 10 years of imprisonment, depending on the seriousness of the breach.Shamaa Sheik, attorney and head of legal monitoring at law firm Michalsons, believes more fines are coming for organisations that fail to comply with POPIA enforcement notices.
According to Sheik, besides defying an enforcement notice, the other reasons why organisations find themselves being punished include obstructing the regulator’s investigations during a probe, or providing false information.Commenting on the DoJ&DC fine, she says: “The consequences for non-compliance with the enforcement order were clear. If the DoJ did not comply, they would be guilty of an offence, and the regulator may impose an administrative fine of up to R10 million.
She points out that the POPIA legislation is very clear of the way forward once a party does not comply with an enforcement notice.On more POPIA fines being on the horizon, Burger-Smidt believes this would depend on what the parties do.
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