LUNCHBOX PHOTOGRAPHY PROTECTION OF PERSONAL INFORMATION ACT WORKPLACE POLICY (POPI ACT WORKPLACE POLICY)
1. INTRODUCTION
1.1 In order to fully comply with the legal requirements set out in the Protection of Personal Information Act 4 of 2013 (hereinafter “the Act”), it is necessary to ensure that LUNCHBOX PHOTOGRAPHY (hereinafter “Lunchbox Photography”) complies with all applicable legal practices relating to the collection, storage, use and processing of personal information as defined in the Act.
2. DEFINITIONS:
“The Act”: Refers to the Protection of Personal Information Act 4 of 2013 including the regulations thereto.
“The Company”: Refers to LUNCHBOX PHOTOGRAPHY
“Data subject”: Refers to the natural or juristic person whose personal information is obtained by Lunchbox Photography.
“Employee”: Refers to a duly appointed employee of Lunchbox Photography.
“Personal information”: Refers to 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
5mental 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 particular 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;
“Processing”: Refers to any operation or activity or any set of operations, whether or not by automatic means, concerning personal information.
3. APPLICATION OF THIS POLICY
3.1 This policy shall form part of each employee’s contract of employment;
3.2 This policy shall be made available for each employee and each employee is obliged to make themselves familiar with the full content of this policy;
3.3 This policy applies to all data subjects and personal information provided by such data subjects.
4. PRINCIPLES OF THE ACT
4.1In order to be fully compliant with the Act, all employees of Lunchbox Photography are obliged to uphold the 8 principles of the Act, namely:
4.1 Accountability
4.2 Processing limitations;
4.3 Purpose specification;
4.4 Further processing limitations;
4.5 Information Quality;
4.6 Openness;
4.7 Security safeguards;
4.8 Data subject participation.
5. INFORMATION PROCESSING RULES AS PER THE 8 PRINCIPLES:
5.1 The employee must ensure that the 8 principles set out herein are adhered to when processing personal information.
5.2Personal information may only be processed in a fair and lawful manner and only with the consent of the data subject.
5.3Personal information may only be processed for specific, explicitly defined and legitimate reasons.
5.4Personal information may not be processed for a secondary purpose unless that processing is compatible with the original purpose.
5.5The employee must take reasonable steps to ensure that the personal information collected is complete, accurate, not misleading and updated where necessary.
5.6The data subject whose information you are collecting must be aware that you are collecting such personal information and for what purpose the information will be used.
5.7Personal information must be kept secure against the risk of loss, unlawful access, interference, modification, unauthorized destruction and disclosure.
5.8Data subjects may request whether their personal information is held, as well as the correction and/or deletion of any personal information held about them.
6. BREACH CONSEQUENCES TO THE COMPANY AND ITS EMPLOYEES
6.1 Should this policy be breached by the employees of Lunchbox Photography, the consequences for Lunchbox Photography may be severe, and include fines as well as possible imprisonment for the directors of Lunchbox Photography.
6.2 Due to the importance of adherence to all principles set out in this policy, an Employee may be dismissed in accordance with due processes followed in terms of applicable legislation, in the event that an Employee breaches the terms of this policy.