Are you aware that you might be prohibited to process certain information of data subjects in terms of the Protection of Personal Information Act?
On the 1st of July 2020, the Protection of Personal Information Act came into effect. With this a 12 months’ grace period was given to all businesses to get their businesses compliant with the above-mentioned act, thereafter no further excuses will be tolerated.
As the Protection of Personal Information Act is a scary, however necessary legislation that has been passed, it has become clear that the employers right to process certain information has become very restricted.
In terms of part B, Section 26 – 34 of the Protection of Personal Information Act of 2013, you are prohibited to process the following information:
- Religious or philosophical beliefs;
- Race or ethnic origin;
- Trade union membership;
- Political persuasion;
- Health and sex life;
- Biometric information;
- Information about Children.
As per all limitations placed in law, there are always exclusions (ways legally obtain and to be in possession of this information) however the Protection of Personal Information Act gives us those strict exclusions which to follow to legally be in possession of this information.
Having the above information in the absence of these strict exclusions might result in administrative fines or even jail sentences should there be a formal data breach or a formal complaint.
Therefore, in the world today where everything is electronic and the unauthorised access of information has become so easy, it is advised that you get the assistance of a professional legal advisor who has been trained to assist you and your business. A legal advisor will assist you with making sure that you retain the correct information in the correct manner and that you and your staff are properly trained and ready for the Protection of Personal Information Act.
For more information regarding the POPIA contact your nearest SEESA office or leave your contact details on SEESA’s website.
About the author:
Gysbert Jassen started his SEESA career in 2017. He is currently a Labour, Consumer Protection and POPIA legal advisor at SEESA’s East London branch. He is a High Court Admitted Attorney.
Resources:
- The Protection of Personal Information Act, act 4 of 2013