ARTICLE
22 September 2020

Navigating Data Breaches In The Age Of POPIA

E
ENS

Contributor

ENS is an independent law firm with over 200 years of experience. The firm has over 600 practitioners in 14 offices on the continent, in Ghana, Mauritius, Namibia, Rwanda, South Africa, Tanzania and Uganda.
Where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by any unauthorised person, the responsible party must notify…
South Africa Privacy
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Defending the Breach – security compromises POPIA

  • Section 22 of POPIA imposes a mandatory security compromise notification obligation:

"Where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by any unauthorised person, the responsible party must notify..."

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Security Compromises – important concepts

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Incident Response Planning 101

  • The content of an incident response plan is not mandated, but it should be tailored to meet the needs of and resources available to each organization
  • Key aspects to be included in an incident response plan include:
    • the names and identities of the relevant members of the incident response team;
    • an evaluation of the risks posed to the business;
    • containment measures for any incident;
    • the process for conducting an initial assessment of any incident;
    • the remediation steps that should be implemented; and
    • a clear understanding of notification obligations

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
22 September 2020

Navigating Data Breaches In The Age Of POPIA

South Africa Privacy

Contributor

ENS is an independent law firm with over 200 years of experience. The firm has over 600 practitioners in 14 offices on the continent, in Ghana, Mauritius, Namibia, Rwanda, South Africa, Tanzania and Uganda.
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