Protection of Personal Information Act, 2013 (Act No. 4 of 2013)Codes of ConductGuidelines to Develop Codes of ConductPart 1 - Introduction: The Legislative Framework3. Definitions |
Any term used in these guidelines would bear the same meaning as in POPIA unless the contrary is indicated in these guidelines.
| 3.1 | “Annually” |
means calendar year which runs from the date on which the code was issued;
| 3.2 | ‘‘Automated means’’ |
for the purposes of these guidelines, means any equipment capable of operating automatically in response to instructions given for the purpose of processing information;
| 3.3 | ‘‘Body’’ |
means public or private body as defined in POPIA;
| 3.4 | ‘‘Code of conduct’’ |
means a code of conduct issued in terms of Chapter 7 of POPIA;
| 3.5 | ‘‘Constitution’’ |
means the Constitution of the Republic of South Africa, 1996;
| 3.6 | “Data subject’’ |
means the person to whom personal information relates;
| 3.7 | ‘‘Information matching programme’’ |
means the comparison, whether manually or by means of any electronic or other device, of any document that contains personal information about ten or more data subjects with one or more documents that contain personal information of ten or more data subjects, for the purpose of producing or verifying information that may be used for the purpose of taking any action regarding an identifiable data subject;
| 3.8 | ‘‘Person’’ |
means a natural person or a juristic person;
| 3.9 | ‘‘Personal information’’ |
means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to—
| (a) | information relating to the race, gender, sex, pregnancy, marital status, national, ethnic, or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language, and birth of the person; |
| (b) | information relating to the education or the medical, financial, criminal or employment history of the person; |
| (c) | any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier, or other assignment to the person; |
| (d) | the biometric information of the person; |
| (e) | the personal opinions, views, or preferences of the person; |
| (f) | correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; |
| (g) | the views or opinions of another individual about the person; and |
| (h) | the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person; |
| 3.10 | ‘‘Prescribed’’ |
means prescribed by regulation or by a code of conduct;
| 3.11 | ‘‘Regulator’’ |
means the Information Regulator established in terms of section 39 of POPIA;
| 3.12 | ‘‘Regulations’’ |
means Regulations made in terms of Section 112(2) of POPIA;
| 3.13 | ‘‘Relevant body/bodies’’ |
refers to any specified body or class of bodies, or any specified industry, profession, or vocation or class of industries, professions, or vocations that in the opinion of the Regulator which has sufficient representation;
| 3.14 | ‘‘Relevant stakeholders’’ |
means stakeholders, affected stakeholders or a body representing such stakeholders.
| 3.15 | ‘‘Republic’’ |
means the Republic of South Africa; and
| 3.16 | ‘‘Responsible party’’ |
means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information.