Jul 14, 2022

DYK – Section 26 Of The Protection of Personal Information Act Defines Special Personal Information?

The Protection of Personal Information Act (POPI Act) defines Special Personal Information in Section 26 as follows: “Special personal information” relates to religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information. Also included in this category is information about the alleged commission of any offence or any proceedings regarding any offence allegedly committed and the outcome of such proceedings.

Failure to obtain consent makes processing this special personal information strictly prohibited, except under the following circumstances:

  • it is necessary for terms of law;
  • or is done for historical, statistical, or research purposes;
  • or the information has been deliberately made public by the subject.

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