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Exam (elaborations)

Exam (elaborations) LCR4805 (LCR4805)

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Exam (elaborations) LCR4805 (LCR4805)

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  • March 8, 2023
  • 11
  • 2022/2023
  • Exam (elaborations)
  • Questions & answers
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QUESTION 1


During the recruitment of new staff, an employer checks the profiles of the

candidates on various social networks and includes information from these

networks in the screening process. The employer has not Informed the

candidates about this.


1.1 Does the Protection of Personal Information Act 4 of 2013 allow an

employer to include information of candidates found on social networks

when screening candidates? Discuss. (15)

The Protection of Personal Information Act 4 of 2013 (POPIA) regulates the

processing of personal information in South Africa.1 The Act defines personal

information as any information relating to an identifiable, living natural person or

an identifiable, existing juristic person. Section 11 of POPIA outlines the

conditions for the lawful processing of personal information, including the

requirement for consent from the data subject, or that the processing is

necessary for the legitimate interests pursued by the responsible party or by a

third party to whom the information is supplied.2 It also outlines the purpose

limitation principle, which requires that personal information may only be

processed for a specific purpose that was explicitly defined and communicated to

the data subject. The responsible party must also take reasonable steps to

ensure that the personal information is accurate, complete, and up to date.

These provisions, among others in POPIA, are relevant when processing


1
See the Protection of Personal Information Act 4 of 2013
2
See Section 11 of the Protection of Personal Information Act of 2013

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