Interference with protection of personal information of data subject
For the purposes of this Chapter, interference with the protection of the personal information of a data subject consists, in relation to that data subject, of— (a) any breach of the conditions for the lawful processing of personal information as referred to in Chapter 3; (b) non-compliance with section 22, 54, 69, 70, 71 or 72; or (c) a breach of the provisions of a code of conduct issued in terms of section 60.
What this means for your estate
- This section defines the trigger for the entire enforcement chapter, “interference” means any breach of the Chapter 3 conditions, non-compliance with specific named sections (22, 54, 69, 70, 71 or 72), or breach of an approved code of conduct. Everything from a complaint (s.74) through to civil damages (s.99) flows from this definition.
- Because it's defined this precisely, it's a useful checklist in itself: a compliance gap that doesn't fall into one of these three categories isn't “interference” for Chapter 10 purposes, even if it's still worth fixing.
PopiGuard's compliance register is structured around exactly these three interference categories, so you can see at a glance whether a gap would actually expose you under Chapter 10.
Section 73 defines it as any breach of the Chapter 3 lawful-processing conditions, non-compliance with sections 22, 54, 69, 70, 71 or 72 specifically, or a breach of a registered code of conduct issued under section 60, this definition is what triggers the Chapter 10 enforcement and complaints process.
No, section 73(b) means non-compliance with specific standalone duties (like the section 22 breach-notification duty, or the section 69 direct-marketing rules) counts as “interference” on its own, separate from the general Chapter 3 conditions in section 73(a).