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Circular 42 of 2023: POPIA Code of Conduct -Terms of Reference (ToRs)

The Council for Medical Schemes (CMS) wishes to update all stakeholders about the establishment of a POPIA Code of Conduct Committee hereinafter referred to as the “Committee’’. The Committee has been established with the view to develop and / or to draft a Code of Conduct for all Medical Schemes operating in South Africa.

Since the promulgation of the Protection of Personal Information Act (POPIA), 2013, there has not been any guidelines or Code of Conduct issued on how Personal Information should be handled specifically in the Health Industry. It is therefore against this background that there are often ethical dilemmas that arise and conflict on the processing of Personal Information of principal members, adult dependants, as well as minor dependants. To that end, it is the CMS’ considered view that a Code of Conduct is required with the view to inform standards and best practices thereby ensuring that rules implemented by medical schemes are consistent and lawful.

The Terms of References (ToRs) of these advisory committees are appended for stakeholder comments. Mr John Letsoalo is the designated chairperson of the CMS, and Ms Jeanine Norden is the co-chairperson.

You can submit feedback on these ToRs and nominations (including CVs) via email to legal@medicalschemes.co.za – preferably through industry associations by Friday, 24 November 2023.

Engagements with stakeholders will commence immediately after the constitution of this Committee. As this Committees is a priority, the CMS therefore encourages inputs within the set timelines.

We look forward to your inputs.

Download the Circular here.