POPIA
South Africa’s comprehensive regulation for personal information protection
NIST 800-171
U.S. standard protecting CUI in nonfederal systems.
Quick Verdict
POPIA mandates privacy processing conditions for South African organizations protecting natural/juristic persons, while NIST 800-171 requires CUI security controls for US federal contractors. Companies adopt POPIA for legal compliance, NIST for contract eligibility and supply chain resilience.
POPIA
Protection of Personal Information Act, 2013 (Act 4 of 2013)
Key Features
- Protects personal information of juristic persons uniquely
- Mandates Information Officer for every responsible party
- Enforces eight conditions for lawful processing
- Holds responsible parties accountable for operators
- Requires prior authorisation for high-risk processing
NIST 800-171
NIST SP 800-171: Protecting CUI in Nonfederal Systems
Key Features
- Scoped applicability to CUI-processing components
- 17 control families including supply chain management
- SSP and POA&M documentation requirements
- Examine/interview/test assessment procedures
- Contractual enforcement via DFARS clauses
Detailed Analysis
A comprehensive look at the specific requirements, scope, and impact of each standard.
POPIA Details
What It Is
POPIA, the Protection of Personal Information Act, 2013 (Act 4 of 2013), is South Africa’s comprehensive privacy regulation. It sets enforceable requirements for processing personal information of living natural persons and juristic entities. Structured around accountability, it uses a risk-based approach with eight conditions for lawful processing.
Key Components
- **Eight conditionsAccountability, processing limitation, purpose specification, further processing limitation, information quality, openness, security safeguards, data subject participation.
- Data subject rights including access, correction, objection, and breach notification.
- Governance via mandatory Information Officer appointment.
- No formal certification; compliance enforced by Information Regulator through audits and penalties.
Why Organizations Use It
Mandatory compliance avoids fines up to ZAR 10 million, imprisonment, and civil claims. Enhances risk management, builds stakeholder trust, aligns with GDPR principles, and provides competitive advantages in data handling.
Implementation Overview
Phased approach: gap analysis, data inventory, policy development, security controls, training, operator contracts. Applies universally to all South African organizations regardless of size or sector; requires ongoing Regulator engagement and internal audits.
NIST 800-171 Details
What It Is
NIST SP 800-171, officially Protecting Controlled Unclassified Information in Nonfederal Systems and Organizations, is a U.S. government cybersecurity framework. It provides recommended security requirements for safeguarding CUI confidentiality in nonfederal systems, tailored from NIST SP 800-53 Moderate baseline. The approach is control-based, emphasizing scoping to CUI-processing components.
Key Components
- 17 families in Rev 3 (e.g., Access Control, Audit, Supply Chain Risk Management) with ~97-110 requirements.
- Core artifacts: System Security Plan (SSP) and Plan of Action and Milestones (POA&M).
- Built on FIPS 200 and SP 800-53; companion SP 800-171A for assessments (examine/interview/test).
- Compliance via self-assessment or third-party (e.g., CMMC Level 2).
Why Organizations Use It
- Mandatory for federal contractors via DFARS 252.204-7012 handling CUI/CDI.
- Reduces breach risk, ensures contract eligibility, builds supply chain trust.
- Enhances resilience, competitive edge in DoD procurement.
Implementation Overview
- Phased: scoping, gap analysis, SSP/POA&M, controls, monitoring.
- Applies to contractors/subcontractors; scales by size via enclaves.
- Audits via SPRS scoring; Rev 3 current as of May 2024. (178 words)
Key Differences
| Aspect | POPIA | NIST 800-171 |
|---|---|---|
| Scope | Personal information processing, 8 conditions, data subject rights | CUI confidentiality in nonfederal systems, 17 control families |
| Industry | All sectors in South Africa, natural/juristic persons | US federal contractors, DoD supply chain primarily |
| Nature | Mandatory South African privacy statute, Information Regulator enforcement | Recommended security baseline, contractually enforced via DFARS |
| Testing | Continuous security measures, no formal certification | SSP/POA&M assessments, CMMC Level 2 audits, SPRS scoring |
| Penalties | ZAR 10M fines, 10-year imprisonment, civil claims | Contract ineligibility, no direct fines, remediation demands |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about POPIA and NIST 800-171
POPIA FAQ
NIST 800-171 FAQ
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