Cyber Conduct

South African Cyber Law

What Counts as Personal Information?

POPIA uses a broad definition of personal information. The important question is whether information relates to an identifiable person or entity within the scope of the Act.

Examples

Personal information can include identifying information, contact details, addresses, telephone numbers, email addresses, location information and online identifiers.

The definition also includes biometric information and other information relating to a person’s personal, professional or educational life where the statutory definition applies.

Special personal information

POPIA separately recognises special categories of personal information and imposes additional restrictions on their processing.

Examples include information concerning religious or philosophical beliefs, race or ethnic origin, trade-union membership, political persuasion, health or sex life, biometric information and criminal behaviour in the circumstances specified by the Act.

Responsible parties and operators

POPIA distinguishes between a responsible party, which determines the purpose and means of processing, and an operator, which processes personal information for a responsible party in terms of the relevant relationship.

Understanding which role an organisation occupies can affect its obligations.

Think before sharing

Personal information does not stop being personal information simply because it appears online.

Public availability can affect how information is handled, but it does not automatically remove every privacy or legal consideration.

Official source

Read the official legislation from the South African government:

Protection of Personal Information Act 4 of 2013 — South African Department of Justice

Important

Cyber Conduct provides general educational information, not legal advice. South African legislation can change, and the application of the law depends on the facts of each situation. For a specific legal matter, consider obtaining advice from a qualified legal professional or the relevant authority.

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