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The New ‘POPI’ Act – Part 6



This section is an extension of the process limitation provisions contained in principle two (see page 26 of the Tourism Tattler September Digital Magazine or read the website post HERE).

This section is rather complicated by the fact that POPI does not define the concepts/words ‘further processing’ or ‘compatible’!

It states that ‘further processing’ must be ‘compatible’ with the purpose for which the PI was collected in terms of principle 3 – it is not clear what was intended i.e. was the intention additional ‘processing’ as defined but within the parameters of the ‘specific and explicit purpose’ or ‘processing’ beyond/different from it?

Nevertheless it details the factors that will/are to be considered in order to determine whether such ‘further processing’ is ‘compatible’:

  • The relationship between purpose with the intended further processing and the original collection of the PI;
  • The nature of the PI;
  • The consequences of the intended further processing;
  • The manner in which the PI has been collected;
  • The contractual rights and obligations between the parties.

It also details when such ‘further processing’ is in fact ‘compatible’:

  • The DS has consented to further processing;
  • The PI is available in public records or has been made public;
  • Same as 11.2 (d) i.e. It is in order to enforce a law, collection in terms of SARS Act, a court order or in ‘interests of national security’;
  • It is necessary ‘to prevent or mitigate a serious and imminent threat to public health or safety or the health of the DS or another individual’;
  • Same as 14.2 (d) i.e. It is for ‘historical, statistical or research purposes’ BUT RP must ensure it is only used for that purpose and is not published;
  • If authorised by the IPR i.t.o. section 34 i.e. it is in public interest or ‘involves a clear benefit for the DS or a third party’ to such an extent that the latter nullifies the rights to privacy provided for in the PPI.

Disclaimer: This article is intended to provide a brief overview of legal matters pertaining to the travel and tourism industry and is not intended as legal advice. © Adv Louis Nel, BENCHMARK, October 2013.


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