The Protection of Personal Information Bill (PPI) is currently before Parliament and, when it is enacted, companies that deal with clients', staff or other individuals' personal data will have a year to comply.
Werksmans says there are two key elements of PPI that companies should be aware of: the protection given to individuals against the unlawful collection, retention, dissemination and use of their personal information; as well as the minimum conditions that organisations must observe when collecting or processing personal information.
The law firm, which is reviewing the seventh draft of the Bill, has provided an implementation checklist. The following are minimum requirements:
1. Audit the processes used to collect, record, store, disseminate and destroy personal information
Companies must ensure the integrity and safekeeping of personal information in their possession or under their control. They must take steps to prevent the information being lost or damaged, or unlawfully accessed.
2. Define the purpose of the information gathering and processing
Personal information must be collected for a specific, explicitly defined and lawful purpose that is related to a function or activity of the company concerned.
3. Limit the processing parameters
Processing must be lawful and personal information may only be processed if it is adequate, relevant and not excessive given the purpose for which it is processed.
4. Take steps to notify the 'data subject'
The individual whose information is being processed has the right to know this is being done and why. The data subject must be told the name and address of the company processing their information. In addition, he or she must be informed as to whether the provision of the information is voluntary or mandatory.
5. Check the rationale for any further processing
If information is received via a third party for further processing, this further processing must be compatible with the purpose for which the data was initially collected.
6. Ensure information quality
The company processing the information must make sure the information is complete, accurate, up to date and not misleading.
7. Notify the information protection regulator
When PPI is enacted and a regulator established, organisations processing personal information will have to notify the regulator about their actions.
8. Accommodate data subject requests
PPI allows data subjects to make certain requests, free of charge, to organisations holding their personal information. For instance, the data subject has the right to know the identity of all third parties that have had access to their information. A data subject can also ask for a record of the relevant information.
9. Retain records for required periods
Personal information must be destroyed, deleted or “de-identified” as soon as the purpose for collecting the information has been achieved. However, a record of the information must be retained if an organisation has used it to make a decision about the data subject. The record must be kept for a period long enough for the data subject to request access to it.
10. Cross-border data transfer
There are restrictions on the sending of personal information out of SA, as well as on the transfer of personal information back into SA. The applicable restrictions will depend on the laws of the country to which the data is transferred or from where the data is returned, as the case may be.
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