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Privacy

There are at least 2 laws you should take note of in relation to privacy, the Promotion of Access to Information Act, 2000 (PAIA), and the Protection of Personal Information Act, 2013 (POPIA).  These are related Acts; refer to them both to ensure you are aware of the rules of privacy and the protection of personal information.   

PAIA gives effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights.  PAIA gives the requester a right to lodge a request from the information officer of a public or private body.  PAIA requires all private and public bodies to prepare a PAIA manual and submit it to the South African Human Rights Commission (SAHRC) unless they are exempted (all companies with fewer than 50 staff members are exempted).  For more information, see https://www.sahrc.org.za/index.php/understanding-paia

You can download our template of a PAIA manual from the Library/Checklists and Templates in order to create your own PAIA manual.  You can also download our POPIA checklist from the same place!

For an example of a PAIA manual of a public body, see http://www.labour.gov.za/SiteCollectionDocuments/PAIA/PAIA_Labour.pdf

For an example of a PAIA manual of a private body, see https://www.bmw.co.za/en/footer/metanavigation/legal-disclaimer-pool/paia-manual.html