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JUDITH GRIESSEL

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POPIA: Processing employees' personal information and consent

Jan 17, 2021
 
Employers who have been thinking about updating the consent clauses in their employment contracts for the purposes of POPIA, should consider this carefully. It might be that your new clause ends up being invalid, if corresponding principles from the GDPR are applied similarly in South Africa.  
 
Processing of personal information is only lawful if it complies with the eight conditions specified in POPIA.          
In terms of the condition of "processing limitation", the following applies:

The processing of personal information must take place in a 'reasonable manner that does not unnecessarily infringe on the privacy of the data subject (s9).

Minimality - only the minimum amount of personal information that is necessary ('adequate, relevant and not excessive') for the purpose for which the information is needed, should be collected and processed (s10) 

Section 11 – Personal information may only be processed on one...
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Employment: Regrouping after Lockdown

Apr 26, 2020
 
There is a lot going around to be negative about at the moment - including the many difficult decisions to be made by organisations everywhere as we are planning for the post-lockdown environment. The difficulties of this situation are very real and the sheer survival of people and organisations may be at stake. It however also presents the opportunity for employers to take a step back, to regroup and to reset.

Where do we go from here?

This question was debated during a recent panel discussion of the South Africa Board for People Practices (SABPP) and summarised in an article written by Sherisa Rajah (Partner at Fasken). The conclusion was that "employers are urgently required to bring into being business operating procedures that address capabilities to manage change. An employer's structures and terms need to consider change, risk and emergency management. This will, in turn, inform how to deal with people, planning and profit."

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