We are currently awaiting the enactment of the Protection of Personal Information Bill [B9 - 2009] (the Bill). It is expected that the Bill will become law in 2011 but precisely when this will occur is currently unknown. An important aspect of the Bill is the control of personal information. The term personal information is defined in the Bill in very broad terms. The term conceivably applies to information being held, in one form or another, by all sorts of entities including companies, trusts, partnerships and associations. The Bill does make provision for a transitional period of one year, which is determined in terms of Section 103(1). This transitional period may be extended by the Minister of Justice (the Minister) by publication of an alternative set of dates in the Government Gazette.

Written by Neil Kirby, Director at Werksmans Attorneys