South African Data Privacy Legislation

Flashcards about South African Data Privacy Legislation

The Promotion of Access to Information Act (PAIA)

Allows a person to get access to records (manual and computer) in the public or private sphere.

The Electronic Communications and Transactions Act (ECTA)

Facilitates e-commerce by ensuring legal certainty and promoting trust in e-transactions.

The National Credit Act (NCA)

Promotes a fair and non-discriminatory marketplace, improved consumer information standards and regulates credit information.

The Consumer Protection Act (CPA)

Protects consumers from unwanted direct marketing and is supplemented by POPIA.

Protection of Personal Information Act (POPIA)

Ensures the right to privacy and regulates the processing of personal information in harmony with international standards

Processing (POPIA)

Any operation or activity involving personal information, such as collection, merging, receipt, or storing.

Personal Information (POPIA)

Information relating to an identifiable, living, natural person or a juristic person.

Record (POPIA)

Any recorded information, regardless of the medium or who created it.

Data subject (POPIA)

The person to whom the personal information relates.

Responsible party (POPIA)

Public or private body which determines the purpose of and means for processing personal information.

Conditions for processing personal information

Ensuring accountability, processing limitation, purpose specification, information quality, openness, security safeguards, and data subject participation

Grounds for lawful processing of non-sensitive personal information

Consent, contract, legal obligation, legitimate interest of data subject, public law duty, or legitimate interest of the responsible party or 3rd party.

Responsible party

The public or private body that determines the purpose of and means for processing personal information.

Operator

The person who processes personal information for a responsible party in terms of a contract or mandate, without determining the purpose of the processing.

The Information Regulator

Oversees the compliance with POPIA and PAIA, reports to the national assembly, and is an independent administrative body