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The POPI Act / Sections / Section 85
Section 85

Matters exempt from search and seizure

Chapter 10 · Enforcement ยท Part B, Investigation & Warrants

If the Regulator has granted an exemption in terms of section 37, the information that is processed in terms of that exemption is not subject to search and seizure empowered by a warrant issued under section 82.

enforcementchapter 10exemptionsearch exclusion
Beyond the text

What this means for your estate

  • If the Regulator has already granted your estate an exemption under s.37 for a particular kind of processing, that specific processing is off-limits to search and seizure under a s.82 warrant, a documented exemption has real protective value beyond just avoiding the underlying obligation.
Relevant tool

PopiGuard's Policy Vault keeps any Regulator exemption your estate holds on record, so its s.85 protection is easy to invoke if it's ever relevant.

See PopiGuard for estates →