AUTHORITY TO
PROCESS

Examples of appropriate measures may include:

Section 17 of the Act requires that processing of personal
information is done only as the controller instructs. This
means that data processor, or their representatives must not
process if not under instruction to do so by the controller.
Authority to process constitutes part of security and safeguards
for personal data.

• minimising the processing of personal data. This does
not mean, not processing, but processing data which is
required and necessary
• pseudonymisation48 of the personal data to make
identification impossible without additional information
• allowing the data subject to monitor the data processing
through invoking any of their data subject rights
• use of preventative concepts such as privacy by design
or privacy by default
o Privacy by design is an approach that ensures you
consider privacy and data protection issues at the
design phase of any system, service, product or
process and then throughout the lifecycle 49 .
o Privacy by default compels the data controller to
ensure that the data processes is necessary to
achieve specific purpose; data minimisation and
purpose limitation are consistent with privacy
by default.

SECURITY

Section 18 of the Act provides for the security measures that
must be implemented to safeguard personal data46. Security,
integrity and confidentiality of data is the responsibility of
the data controller or data processor or their representative.
For POPIA, this is the safeguard principle which the data
controller or the responsible party must comply with47. Section
18 (4) of the Act requires that appropriate technical and
organisational measures are taken to protect data. The Act
requires under Section 18 (5) that appropriate measures be
implemented. The Section does not define what constitutes
appropriate measures, and there are several, as long as they
can satisfy that sufficient safeguard where and are in place.

• Encryption of the data and making sure that the data is
easily available when a technical incident occurs 50.
• Physical measures such as building of secured rooms
for data servers or use of strong access passwords, and
two factor authentication.
When deciding on the appropriate technical measures, the
Act requires under Section 18 (5) that the data controller
takes into account costs, state of technology, nature of data,
and any potential risks to processing. The Authority can
under Section 18 (6) issue guidance on appropriate standards
for certain types of data or data categories. This guidance
might also be issued as industry wide guidance for certification
purposes for instance to banks, or insurance or medical
institutions. Every data controller must satisfy themselves
that the data processor they have appointed have sufficient
technical and organisational measures to protect the data
and that such policies are being adhered to.

46

There are drafting numbering errors on this section. Its starts from 18 (4) to 18 (8). For purposes of this commentary
POPIA s19(2)
48 GDPR Article 4 (5) ‘the processing of personal data in such a way that the data can no longer be attributed to a specific data subject without the use of additional information
provided that additional information is kept separately and is subject to technical and organisational measures…’.
49 GDPR Article 25 (1)-(2)
50 Availability of information on demand is important and can be ensured if there are sufficient technical measures at appropriate levels.
47

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