At Numata, we are big supporters of data privacy and protection. This page explains our compliance with South African legislation
POPI and PAIA – what’s the difference?
The Protection of Personal Information Act, 4 of 2013 (known as POPI) is a South African legislative initiative designed to give effect to the right to privacy enshrined in section 14 of the South African Constitution and to provide for comprehensive and robust South African data protection laws.
Later on in the South African Constitution, in Section 32(1), it states that everyone has the right of access to “any information held by the state” as well as “any information that is held by another person and that is required for the exercise or protection of any rights”. Section 32(2) provides that national legislation must be enacted to give effect to the right of access to information. That legislation is the Promotion of Access to Information Act, 2 of 2000 (PAIA).
That sounds quite complex, but in a nutshell, POPI prohibits the processing of personal information, unless it is carried out in accordance with the principles set out in POPI, including, amongst others, that there must be a level of awareness among data subjects of the collection of their personal information and the reasons or purpose therefor. POPI defines both ‘processing’ and ‘personal information’ extremely widely.
PAIA, on the other hand, gives all South Africans the right to have access to records held by the state, government institutions and private bodies. The following are the objectives which PAIA seeks to achieve:
- To ensure that the state takes part in promoting a human rights culture and social justice;
- To encourage openness and to establish voluntary and mandatory mechanisms or procedures which give effect to the right of access to information in a speedy, inexpensive and effortless manner as reasonably possible; and
- To promote transparency, accountability and effective governance of all public and private bodies, by empowering and educating everyone to understand their rights in terms of PAIA so that they are able to exercise their rights in relation to public and private bodies.
Protecting your rights
We want to make sure that your rights are protected at all times. However, if you feel they are not being upheld, we have created two forms you can fill in to request support.
- Objection to the Processing of Personal Information in Terms of Section 11(3) of the Protection of Personal Information Act, 2013 (ACT NO.4 OF 2013)
- Request for Correction or Deletion of Personal Information or Destroying or Deletion of Record of Personal Information in Terms of Section 24(1) of the Protection of Personal Information Act, 2013 (Act no.4 of 2013)