Examining the applicability of the Protection of Personal Information Act in AI-driven environments

Abstract

Background: Technological advancements have heightened the importance of safeguarding individual privacy and data. In response to these challenges, South Africa introduced the Protection of Personal Information (POPI) Act. This legislation established robust legal frameworks aimed at protecting confidential information and upholding individuals’ right to anonymity. However, there is a significant research gap regarding the POPI Act’s direct implications and effectiveness in the context of artificial intelligence (AI) adoption and utilisation. Understanding the interplay between the POPI Act and AI technologies is crucial for ensuring regulatory compliance, safeguarding personal data and fostering responsible AI deployment in South Africa.

Objectives: This study investigates the POPI Act’s applicability in addressing privacy issues related to AI adoption in various sectors.

Method: The research uses a document review methodology to analyse the documents and synthesise the results. This approach offers efficiency, accessibility, cost-effectiveness and non-intrusiveness benefits, making it a valuable tool for qualitative research across various disciplines.

Results: Despite the POPI Act’s guiding principles aligning with key concepts of personal information protection, there are several gaps in its applicability to AI advancements across various sectors.

Conclusion: The study emphasises the need for a dynamic legal framework that evolves with AI advancements, advocating for the incorporation of more stringent measures to address emerging privacy concerns.

Contribution: The research contributes to the ongoing discourse on data protection and AI by highlighting the need for a forward-thinking legal framework that balances innovation and privacy, ensuring that the POPI Act remains effective in the face of evolving technologies.