POPIA: Proposed regulations on health or sex life data: NEASA submits commentary.

Dear employer

Following our previous communication regarding the draft POPIA regulations on the processing of personal information relating to a person’s health or sex life, NEASA has formally submitted its comments to the Information Regulator.

While we support the Regulator’s commitment to protecting sensitive personal information, we have raised concerns about the practical challenges these regulations may create for employers. The proposed requirement to conduct a Legitimate Interest Assessment before processing such information could place an unreasonable administrative and legal burden on responsible parties, particularly those without in-house legal expertise.

NEASA has therefore recommended that:

• the Regulator develop sector-specific Codes of Conduct in collaboration with affected industries to ensure consistent, realistic and achievable compliance; or as an alternative

• the regulations recognise section 11(1)(b) of POPIA (processing necessary for the performance of a contract) as an additional lawful ground, aligning the law with everyday employment and benefits administration practices.

These recommendations aim to ensure that the protection of personal information remains effective, without imposing disproportionate demands on employers.

NEASA will keep employers who will be affected by the Regulations informed on its development.

For more information and compliance assistance with POPIA, employers are urged to contact their regional NEASA office.

For more information

NEASA Media Department

media@neasa.co.za

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