Why POPIA does not apply to DNA
Description
In this podcast episode, Professor Donrich Thaldar discusses the question of whether POPIA (the South African Protection of Personal Information Act) applies to DNA.
Summary
Does DNA fall within the ambit of POPIA? Many people mistakenly think that it does because DNA contains genetic information. However, one must distinguish DNA from the genetic information that it contains. POPIA only applies to personal information that is entered in a record by or for a responsible party. Is genetic information entered in DNA by or for a responsible party? Clearly not – genetic information naturally occurs in DNA. Accordingly, POPIA does not apply to the genetic information as found naturally in DNA. POPIA will only start applying to the genetic information once it is sequenced and saved on a computer.
Further reading
Thaldar DW. Why POPIA does not apply to DNA. South African Journal of Science. 2021.
https://doi.org/10.17159/sajs.2021/11286
See also
Thaldar DW, The legal status of human biological material used for research. South African Law Journal. 2021.
https://doi.org/10.47348/SALJ/v138/i4a9
Thaldar DW, Townsend B. Exempting Health Research from the Consent Provisions of POPIA. Potchefstroom Electronic Law Journal. 2021.
https://doi.org/10.17159/1727-3781/2021/v24i0a10420
United States
