The Protection of Personal Information Act (POPI) gives expression to s14 of the Constitution which provides that everyone has the right to privacy, which includes a right to protection against the unlawful collection, retention, dissemination and use of personal information.

POPI creates obligations for employers and rights for employees- relating to any record (written or otherwise) of personal information that is held by the employer. Personal information includes information such as salary, leave records and performance reviews. POPI describes a second category of information: special personal information, which includes the religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life or biometric information of an employee.

The Act affords protection to:

  • Former job applicants (successful or not);
  • Former employees;
  • Current employees;
  • Temporary Employment Services staff;
  • Casual Staff; and
  • Staff on secondment.

POPI established conditions which, if not met by the employer, will render the processing of the employee’s personal information unlawful. These conditions are as follows:

  1. The employer must be accountable;
  2. Processing must be reasonable and must not infringe privacy of the employee;
  3. Collection of information must be for a specific lawful purpose;
  4. When using an employee’s personal information an employer must ensure such use related to the purpose for which such information was originally collected;
  5. An employer must ensure that personal information of employees is complete and accurate;
  6. Reasonable steps must be taken to ensure an employee is aware of what information has been collected and from which source;
  7. An employer must take reasonable measures to protect the integrity and confidentiality of employee’s personal information; and
  8. Employees have the right to request the records which the employer holds.

Non-compliance with POPI can result in a criminal offence being committed by the employer or the imposition of a fine.