In Section 1 of the POPI Act, “personal information” is defined as information relating to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person.
There is a common misconception that this definition only applies to the information of an entity’s customers or suppliers. As an employer in possession of employees’ personal information such as contact details, financial information and employment contracts, it is the employer’s duty to ensure that it complies with its obligations in terms of the Act regarding all of the information in its possession. This would include not sharing this information with third parties such as credit providers without a justified reason to do so.
It is advisable that all employment contracts contain a personal information clause to govern the processing by the employer.
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