Home / Legal guides / Privacy & POPIA
Guide · P
Privacy & POPIA
The Protection of Personal Information Act controls how businesses and government collect and use information about you. This guide explains your rights, what to do about spam and data breaches, and what small businesses must do to comply.
Updated October 2026 · General information, not legal advice
In this guide
The key laws
- Protection of Personal Information Act 4 of 2013
- Promotion of Access to Information Act 2 of 2000
- Constitution, section 14 (right to privacy)
What you'll need
Gather these before you take action or speak to a lawyer:
- Screenshots of unwanted messages or calls
- The name of the business and how they contacted you
- Copies of your requests to the business
- Any breach notification you received
Advertisement · 728 × 90 in-article banner
Your brand, in front of South Africans looking for legal help.
Common questions
What counts as personal information?
Almost anything that identifies you: your name, ID number, phone number, email, address, health information, financial details, photos and more.
Can a business send me marketing without my consent?
Not by email, SMS or other electronic communication unless you are an existing customer or have opted in. Every message must also give you an easy way to opt out.
What must happen after a data breach?
A responsible party must notify the Information Regulator and the affected people as soon as reasonably possible, so they can protect themselves.
How do I see the information a business holds about me?
You can ask the business to confirm what personal information it holds and request access to it. You can also ask for incorrect information to be corrected or deleted.
Where do I complain?
Complain to the Information Regulator if a business or public body misuses your information or ignores your requests. Lodging a complaint is free.
When to see a lawyer
Speak to a lawyer if you suffered loss because of a data breach, if you run a business that handles sensitive information, or if you have received a notice from the Information Regulator.
This guide is general information about South African law and is not legal advice. Laws and amounts change; check the latest position or speak to a qualified lawyer about your situation. Read our disclaimer.
Advertisement · 300 × 250 sidebar box
Put your firm in front of readers who need legal help.
Lawyers for this area
Listed
★ Featured
Naidoo Employment Attorneys
- Durban
- 11 years
Articles
Latest articles
- Family & Divorce
- October 21, 2026
How to get a divorce in South Africa
Uncontested or contested, what the court needs, how children are protected and how your marriage regime decides who gets...
- Labour & Employment
- October 18, 2026
Fired? Your CCMA steps, start to finish
The 30-day clock, the referral form, conciliation and arbitration, and what the CCMA can order your employer to do.
- Property & Housing
- October 14, 2026
Your landlord can’t just evict you
Locks changed? Water cut off? Only a court can order you out of your home. Here is what a...