hacker - Information Regulator is investigating the South African data leak that includes ID numbers‚ occupations‚ estimated incomes‚ addresses and cellphone numbers. Picture: ISTOCK
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If the Protection of Personal Information Act (POPIA) had been fully enacted‚ those responsible for leaking the data of millions of South Africans could have been fined up to R10 million or imprisoned for up to 10 years.

The legislation was partially enacted on April 11 2014 to establish the Information Regulator.

Advocate Pansy Tlakula‚ chairperson of the Information Regulator‚ said it is "still a free-for-all situation"‚ because POPIA has only been partially promulgated.

She said the regulator is investigating the leak that includes ID numbers‚ occupations‚ estimated incomes‚ addresses and cellphone numbers.

POPIA aims to introduce minimum requirements for the processing of your personal information on a mandatory basis.

Cyber law expert Dr. Annamart Nieman said POPIA would affect public and private parties that collect‚ store‚ process and/or disseminate personal information as part of their business.

"You must be notified that your personal information will be collected and for what purpose it will be used‚" Nieman said.

"Your personal information may only be collected for a specific use and the purpose must be specified at collection time."

South Africans were first alerted to the leak after Australian cyber security expert Troy Hunt tweeted about it on Tuesday. He has a copy of the information‚ ran the numbers and found it contains the information of more than 60 million South Africans‚ including children as young as three years old and nine million deceased people.