U6 part 1 Flashcards
What are the risks associated with personal data?
It may be sold to third parties, used beyond original purposes, or abused if not protected.
What is “Personal Information”?
Data collected from individuals by others, which can include automated collection and is often processed by AI for advertising, service enhancement, or market research.
What rights do individuals have regarding their personal information?
Access to recorded information, protection against loss and unauthorized access, and prevention of unlawful collection and processing.
What legislation protects personal information in South Africa?
Promotion of Access to Information Act (PAIA) and Protection of Personal Information Act (POPIA).
What is the purpose of the Promotion of Access to Information Act (PAIA)?
To govern access to information while protecting privacy, allowing individuals to request information needed to exercise or protect their rights.
What does Section 32(1) of the South African Constitution provide?
The right to access information held by the State or others when needed to exercise or protect rights.
Who enforces PAIA?
The Information Regulator.
What actions are offenses under PAIA?
Destroying, damaging, altering, concealing, or falsifying a record to deny access.
What is “recorded information” under PAIA?
Any information documented by public/private employees, including emails, recordings, and documents.
What are the requirements for a PAIA information request?
The requester must show the need for the information to exercise or protect a right, follow PAIA’s procedures, and avoid grounds for refusal.
Can PAIA requests include third-party information?
Yes, but only under certain conditions, such as consent or acting in the third party’s best interest.
What are some justifiable limitations on access to information under PAIA?
Protection of privacy, commercial confidentiality, and effective governance.
What types of records are not accessible under PAIA?
Financial information, trade secrets, Receiver of Revenue, police, legal, and defense records.
When might access to restricted information be granted despite limitations?
If it’s in the public interest, reveals law contravention, or concerns public safety or environmental risks.
What was the outcome of “My Vote Counts NPC v Minister of Justice”?
The Constitutional Court ruled PAIA unconstitutional for not allowing private-party funding disclosure; PAIA was amended to require political parties to disclose donations.
