+27 680 77 9615
280 Oak Avenue, Randburg, Johannesburg, ZA
, +27 680 77 9615
280 Oak Avenue, Randburg, Johannesburg, ZA
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
280 Oak Avenue, Randburg, Johannesburg, ZA
, +27 680 77 9615
280 Oak Avenue, Randburg, Johannesburg, ZA
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
