OPENNESS OF
PROCESSING
The Authority is required under Section 23 to have openness
in processing of personal data. This is considered as the
openness principle. First, Section 23(1) requires that a
register, meaning a record of all activities of automatic data
processing carried out by data controllers be kept. The data
controllers must inform the Authority of these cases. The
register according to Section 23 (2) must contain all information
contained in Section16(1). The register will be available for
inspection by the public as determined by the Authority, as
provided under Section 23 (3). This provision is important to
enforce data subject rights to be informed. Further, Section
23 (4) allows Authority to compel data controllers to disclose
any processing of information that might have taken place
even if the data constitutes exempted data.
The POPIA requires under the openness principle that all
documentation associated with data processing be kept as
they can be subject to information requests under promotion
of access to information laws53.

ACCOUNTABILITY
At the root of data protection, is the protection of the interests
of the data subject and preservation of personal privacy. This
is considered as the accountability principle of data processing.
Section 24 promotes accountability of the data controller in
all material respects of the Act. The data controller has duties
mentioned under Section 13, and in addition to that Section
24 (1) (a) emphasises that the data controller shall ‘take all
the necessary measures to comply with the principles and
obligations set out in this Act’. Similarly worded provisions are
found in the GDPR and POPIA 54. The GDPR Articles 5 (1)
and 5 (2):

53
54

Personal data shall be processed
lawfully, fairly and in a transparent
manner in relation to the data subject
(‘lawfulness, fairness and
transparency’).
The controller shall be responsible for,
and be able to demonstrate compliance
with, paragraph 1 (‘accountability’).
While under POPIA Section 8

The responsible party [data controller]
must ensure that the conditions set
out in this Chapter [POPIA], and all the
measures that give effect to such
conditions, are complied with at the
time of the determination of the
purpose and means of the processing
and during the processing itself.
Further, the Act under Section 24 (1) (b) compels that data
controllers must ‘have the necessary internal mechanisms in
place for demonstrating such compliance [24 (1) (a)] to both
the data subjects and the Authority in the exercise of its
powers.’ The responsibility for compliance and the burden of
proof rests with the data controller to satisfy the data subject
and the Authority. The accountability principle, in summary
provides for the data controller to be responsible for
compliance with provisions of the Act. Therefore, every data
controller needs to be compliant. Lastly, the data controller
must be able to demonstrate or prove that such mechanisms
for compliance are in place.

POPIA s17.
The main difference with the GDPR is that these provisions are directly enforceable with a fine under art 83.

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