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to Information and Protection of Privacy Bill
Collection, Protection and Retention of Personal Information by Public Bodies
for which personal information may be collected.
30 Purposes for which personal information may be collected TOP
A public body may only collect personal information if—
31 Collection of personal information TOP
(1) A public body shall collect personal information directly from the person to whom it relates unless—
(a) another method of collection is authorised by—
(i) that individual; or
(ii) the Commission; or
(iii) another enactment; or
(b) the information is to be collected for the purpose of—
(i) determining the suitability for granting an honour or award including an honorary degree, scholarship, prize or bursary; or
(ii) proceedings before a court, judicial or quasi judicial tribunal; or
(iii) collecting a debt or fine or making a payment; or
(iv) law enforcement.
(2) A public body shall inform a person from whom it intends to collect personal information the purpose for which the personal information is being collected and the legal authority for collecting it.
(3) Subsection (2) shall not apply if—
32 Accuracy of personal information TOP
A public body shall, if it intends to use an individual’s personal information to make a decision that will directly affect that individual, take every reasonable step to ensure that the information is accurate and complete.
33 Right to request correction of personal information TOP
(1) Where a person has reason to believe that personal information relating to him that is in the custody or control of a public body contains an error or omission, he may request the head of that public body to correct such information.
(2) The head of a public body shall, upon receiving a request in terms of subsection (1), correct or annotate the personal information on the record pertaining to the person making the request.
(3) The head of a public body shall, when correcting or annotating personal information upon a request made in terms of subsection (1), notify about the correction to any other public body or any third party to whom that information has been disclosed during the last 12 months preceding the request for a correction.
34 Protection of personal information TOP
The head of a public body shall protect personal information that is under his custody or control by taking reasonable steps to ensure that there is adequate security and there is no unauthorised access, collection, use, disclosure or disposal of such personal information.
35 Retention of personal information TOP
If a public body uses an individual’s personal information to make a decision that directly affects the individual, the public body shall retain that information for at least one year after using it so that the individual has a reasonable opportunity to have access to it.
36 Penalty for deliberately falsifying personal information TOP
A person who, if requested to do so, deliberately supplies a public body with false personal information shall be guilty of an offence and shall be liable to a fine not exceeding $20,000 or to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
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