The POPI Act / Sections / Section 103
Section 103
Failure to comply with enforcement or information notices
Chapter 11 · Offences, Penalties & Administrative Fines
(1) A responsible party which fails to comply with an enforcement notice served in terms of section 95, is guilty of an offence.
(2) A responsible party which, in purported compliance with an information notice served in terms of section 90— (a) makes a statement knowing it to be false; or (b) recklessly makes a statement which is false, in a material respect, is guilty of an offence.
Source: justice.gov.za, Protection of Personal Information Act 4 of 2013 (official PDF), cross-checked verbatim before publishing.
Beyond the text
What this means for your estate
- Two distinct failure modes here: ignoring a formal enforcement notice (subsection (1)) versus responding to an information notice with a false statement (subsection (2)), the second is arguably worse, since it converts a compliance gap into a knowing misrepresentation to the Regulator.
Relevant tool
PopiGuard's Regulator Kit prompts accurate, evidence-backed responses to information requests, so nothing gets answered from memory or guesswork.