The Information Regulator may, in terms of Section 37(1) of POPIA and by notice in the Gazette, grant an exemption to a responsible party (public and private bodies) to process certain personal information even if that processing is in breach of a condition for the lawful processing of such information, or any measure that gives effect to such condition, if the Regulator is satisfied that, in the circumstances of the case-

the public interest in the processing of personal information in question exists and the public interest is so significant that it outweighs the data subject’s right to the protection of his or her personal information; or

the processing involves a clear benefit to the data subject or a third party and the said clear benefit, outweighs, to a substantial degree, any interference with the privacy of the data subject or third party that could result from such processing.

Responsible parties may submit their applications for exemption from a condition for lawful processing of personal information, in terms of section 37 of POPIA.

The Guidance Note on Exemptions and the application form for Exemptions can be downloaded from https://www.justice.gov.za/inforeg/docs.html

Responsible parties are advised to carefully read the Guidance Note on Exemptions before submitting an application form to the Regulator.

Source: Government of South Africa