STUDY UNIT 9

Question 1

WHAT IS DATA PRIVACY?

Answer 1

Data privacy is the collection and processing of personal information of data subjects.

Question 2

The RISKS INHERENT in the processing, be it manual or automatic, of personal information or data, are that the data or information may be:

Answer 2

1. inaccurate
2. incomplete
3. disclosed without authorization
4. used for a purpose other than that for which they were collected for.

Question 3

BROWSING HABITS OF THE USER:

Answer 3

the browsing habits of the user can be traced and information about the preferences of the user can be collected without the user’s knowledge, by means of the cookie.

Question 4

IMPORTANT PRINCIPLE:

Answer 4

information collected from a data subject may only be used for the purpose in which it was collected for, and not for a different purpose without the data subject’s consent.

Question 5

PAIA:

Answer 5

PAIA permits individuals access to both manual and computer records containing personal information about themselves.

Question 6

POPI ACT: INTERPRETATION PROVISIONS:

Answer 6

1. Processing
2. Personal information
3. Record
4. Data subject
5. Responsible party.

Question 7

1. PROCESSING:

Answer 7

processing can be done fully, partly or non-automatically or automatically.

Question 8

2. PERSONAL INFORMATION:

Answer 8

the personal information of both natural and juristic persons is protected, the information must be about a person, who is identifiable.
-the personal information of a deceased natural person or juristic person that no longer exists is excluded from the list of personal information.

Question 9

3. RECORD:

Answer 9

is a record of information, regardless of the form or medium in which it is stored.
-must be in the possession of the responsible party.

Question 10

THE RESPONSIBLE PARTY

Answer 10

the responsible party must be domiciled in South Africa or using equipment situated in South Africa

Question 11

EXCULSIONS FROM THE SCOPE:

Answer 11

1. Processing of de-identified data
2. Processing for purely personal or household activity
3. Processing by or on behalf of a public body
4. Processing activities by a Cabinet
5. Processing activities by a court.

Question 12

EXEMPTONS:

Answer 12

1. Exemptions grated by the regulator- s 37(1)
   -if processing is in the public interest
   -if processing is in the interest of the data subject or a third party
2. Exemptions in respect of certain functions in the public interest- s38(1)