Section 18 of the Protection of Personal Information Act 4 of 2013 (POPIA), it states that if personal information is collected, the responsible party (The Business) must take practicable steps to ensure that the data subject is aware of specific points.
These include:
- The type of information being collected;
- The name and address of the business;
- The purpose for which the information is collected;
- Is the supply of information voluntary or mandatory;
- The consequences of failing to provide information;
- Any specific law allowing the requiring of the collection;
- If the business intends to transfer the information to a third country or international organisation and the level of protection afforded to the information by the third country or organisation;
- Their rights regarding POPIA, which include the right to lodge a complaint with the Information Regulator.
These steps must be taken before the information is collected or as soon as reasonably practicable after it has been collected.
Although there are some exclusions, the easiest and most straightforward steps a business can take to ensure compliance with Section 18 of POPIA is ensuring a proper privacy notice.
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