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Why research institutions should indemnify researchers against POPIA civil liability.

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The research community eagerly awaits the publication of a draft Code of Conduct for Research (the Code) in terms of the Protection of Personal Information Act (POPIA).1 The Code should… Click to show full abstract

The research community eagerly awaits the publication of a draft Code of Conduct for Research (the Code) in terms of the Protection of Personal Information Act (POPIA).1 The Code should provide researchers with practical guidance and animate the provisions of POPIA which are largely principles-based. With predominantly principles-based legislation, as opposed to a strictly rules-based approach, there is often room to interpret certain principles – depending on how the various provisions and concepts are phrased. Although a Code cannot re-define concepts (this would be ultra vires), it will play a particularly important role in providing guidance on how terms are to be applied and understood, especially in the context of scientific research.

Keywords: indemnify researchers; researchers popia; research institutions; institutions indemnify; research; code

Journal Title: South African journal of science
Year Published: 2022

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