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Access to Information and Protection of Privacy Bill
November 30, 2001

Contents

PART V

Collection, Protection and Retention of Personal Information by Public Bodies

30. Purposes for which personal information may be collected.
31. Collection of personal information.
32. Accuracy of personal information.
33. Right to request correction of personal information.
34. Protection of personal information.
35. Retention of personal information.
36. Penalty for deliberately falsifying personal information.

 

30   Purposes for which personal information may be collected   TOP

A public body may only collect personal information if—

(a) the collection of that information is expressly authorised in terms of an Act;

(b) the information is to be collected for the purposes of national security, public order and law enforcement; or

(c) the information is to be collected for the purposes of public health; or

(d) the information relates directly to and is necessary for an operating programme, function or activity of the public body;

(e) the information will be used to formulate public policy.

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—

(a) the information relates to law enforcement; or

(b) the Commission excuses a public body from complying with the subsection if doing so would result in the collection of inaccurate information, or defeat the purpose of, or prejudice the use for which the information is to be collected.

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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