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Access to Information & Regulatory

Companies warned not to hide behind POPIA when dealing with journalists

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Recently a few companies, including debt counselling firm Dotsure and SA Home Loans, have refused to respond to media queries on behalf of clients, citing the Protection of Personal Information Act (POPIA) as an excuse.

However, the work of journalists is specifically excluded from the Act, such as when consumer journalists make enquiries on behalf of a member of the public.

Information Regulator spokesperson Nomzamo Zondi confirmed to the South African National Editors’ Forum (SANEF) that “Section 7 of POPIA clearly stipulates that the Act does not apply to the processing of personal information for journalistic purposes. Therefore, in this instance, where the companies refuse to respond to media inquiries based on POPIA – it’s incorrect. Furthermore, the journalist in this instance has received consent from the data subject to process their personal information, making the case of the journalist more solid.”

The chair of SANEF’s Access to Information and Media Policy committee, Izak Minnaar adds:

“This guidance from the Information Regulator means that as long as journalists follow the clauses on privacy and personal data in the Press Code of Ethics for Print and Online Media, they are acting within the prescripts of POPIA.

In the light of the response from the Information Regulator, journalists are encouraged to report companies to the IR if they do not want to respond to reasonable requests made on behalf of consumers.”

Note to Editors:

The South African National Editors’ Forum (SANEF) is a non-profit organisation whose members are editors, senior journalists, and journalism trainers from all areas of the South African media. We are committed to championing South Africa’s hard-won freedom of expression and promoting quality, ethics, and diversity in the South African media. We promote excellence in journalism through fighting for media freedom, writing policy submissions, research and education and training programmes. SANEF is not a union.

For more information please contact:

  • Sbu Ngalwa – SANEF Chairperson (073) 404-1415
  • Nwabisa Makunga – SANEF Deputy Chairperson (082) 555-1972
  • Tshamano Makhadi – Treasurer-General (082) 223 0621
  • Makhudu Sefara – SANEF Media Freedom Chair (079) 177-2134
  • Asanda Ngoasheng – Western Cape Convenor – 082 610-9374
  • Judy Sandison – SANEF KZN Convenor (082) 571-3334
  • Dr. Glenda Daniels – SANEF Gauteng Convenor (083) 229-9708
  • Chiara Carter – Acting SANEF Eastern Cape Convenor (082) 659-9162
  • Reggy Moalusi – SANEF Executive Director (071) 682-3695

Socials

Twitter: @SAEditorsForum

Email: [email protected]

Website: SANEF

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Information Regulator issues Guidance Note on the processing of personal information

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The Information Regulator (Regulator) has issued a Guidance Note on the processing ( e.g. collection, receipt, usage) of personal information of data subjects (owner’s of personal information) in the management and containment of COVID-19.

The Guidance Note is issued in terms of the Protection of Personal Information Act (POPIA).

Please click on the links below to access the press release and the Guidance Note on COVID-19 :

INFORMATION REGULATOR PRESS RELEASE LATEST FINAL.

GUIDANCE NOTE ON COVID-19. VERSION0.1.1

Access to Information & Regulatory (1)

COVID 19: The Importance of the Right of Access to Information and the Right to Privacy in the Management and Containment of the Virus

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The right of access to information and the right to privacy are central to the management and containment of the spread of COVID 19. Commending the government for the measures that it has taken so far to deal with the virus, Pansy Tlakula, the Chairperson of the Information Regulator (Regulator) said “the Regulator calls on the government to intensify and streamline the proactive disclosure of all information relating to the virus.

The information should be detailed and should include information such as the meaning of self-quarantine, what should happen to family members of a self-quarantined person who live in the same house with him or her, what happens to the virus after the quarantine period, is there treatment or medication for the virus? etc.

State agencies such as airlines and the airports company should also proactively disclose information such as the cancellation of flights. Such information should be updated regularly. The Regulator reiterates the importance of communicating in languages which are understood and accessible to all South Africans, including people with various forms of disabilities.

The Regulator also welcomes the decision of the government to centralise communication on the virus and requests government to ensure consistent messaging by representatives of government at National, Provincial and Local levels to avoid confusing the public.

“Whilst we recognise the important role played by social media in the dissemination of information relating to COVID 19 in real time, we advice the government to engage social media companies and request them to subject all information relating to the virus on their platforms to third party fact checking programme and remove fake news and disinformation from in their platforms.” Tlakula said.

The Regulator also implores health and testing centres to ensure that the personal information of everyone who has been tested and/ or treated is protected. Furthermore, although the Protection of Personal Information Act (POPIA) allows the processing of information for statistical or research purposes, health and testing centres must ensure that all the other provisions of POPIA are strictly adhered to when they test or treat patients. For instance, they must ensure that adequate safeguards are taken to ensure that the personal information is secured and is not used for any other purpose.

COVID-19 has increased the use of digital technologies such as on line shopping, banking and even telemedicine in order to minimise social contact. Considering the prevalence of data breaches and cyber crime in our country and globally, the Regulator calls on both public and private bodies to increase their security measures around their digital and physical operating systems so as to protect the personal information of everyone against unlawful or unauthorised access.

The Regulator supports the call by the South African Banking Association (SABRIC) to users of on line services to be careful before they click on risky website links which may lure them into disclosing their personal information which might end up with cyber criminals.

Issued by the Information Regulator. For more information, please contact Mr. Marks Thibela at 082 746 4173 or Adv. Pansy Tlakula at 083 656 5031