POPIA has only entered the business sector with vigour in July 2021. The following view is not to be taken as formal advice from SEESA but merely as a point of interest for possible future law development.
Firstly, an employee is allowed to collect a copy of documentary evidence that comes into question. For the employee to collect a copy, Section 13 of POPIA must be considered as Section 13(1) states the collector must have a specific purpose for collecting information. It is unlikely for an employee to show an intent to collect the information post-hearing. In arbitration, the evidence used in the hearing must be presented by the employer, so the employee cannot claim if his purpose is to collect the information for arbitration preparation.
Secondly, by the employee retaining the information, Section 14 of POPIA comes into effect, which restricts retention of information until the purpose has been fulfilled. As the employee has no purpose in collecting the information in the first place, the employee does not have a purpose of retaining said information, and so an employer may refuse.
By applying the example above to a practical hearing, we can see where a client sent a complaint to the employer, and the employer wishes to use this email as evidence. The email contains personal information (email address, telephone number, the person’s subjective opinion or views etc.), and therefore, the collection and retention provisions mentioned above is applicable. Should the client who sent the email consent to the information being given to the employee, then the employer does not have an acceptable reason to refuse.