Data Protection in South Africa

Collection and processing in South Africa

"Processing" of information is defined in POPIA as any operation or activity or any set of operations, whether or not by automatic means,concerning personal information, including:

  • The collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation or use;
  • Dissemination by means of transmission, distribution or making available in any other form; and
  • Merging, linking, as well as blocking, degradation, erasure or destruction of information.

POPIA prescribes the following eight conditions for lawful processing of personal information:

  • Accountability: The responsible party must comply with all the conditions for lawful processing.
  • Purpose specification: Personal information must only be collected for a specific, explicitly defined lawful purpose related to a function or activity of the responsible party.
  • Processing limitation: Processing must be justified on a ground recognized under POPIA (e.g. consent / legitimate interests of the data subject, responsible party or the third party to whom the information is supplied).
  • Further processing limitation: Processing must be in accordance with or compatible with the purpose for which it was initially collected subject to limited exceptions.
  • Information quality: Steps must be taken to ensure that the information is complete, accurate, not misleading and updated where necessary.
  • Openness: Notification requirements must be complied with when collecting personal information.
  • Security safeguards: Appropriate, reasonable technical and organizational measures must be implemented and maintained to prevent loss of, damage to or unauthorized destruction of or unlawful access to personal information.
  • Data subject participation: Data subjects have the right to request details of the personal information that a responsible party holds about them and, in certain circumstances, request access to such information.

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