Another area where self-regulation seems to be relevant under the POPI Act is in
its provision on the exclusion of the application of the Act to journalistic, literary and
artistic purposes.
75 It is provided that where personal information is processed solely
for any of the above listed purposes, then the Act does not apply. However, this is
not a blanket provision as the Act is inapplicable only where such information is
processed “subject to a code of ethics that provides adequate safeguards for the
protection of personal information”.
76 Furthermore, it is provided that in the event of
a dispute regarding the adequacy of such a code, regards may be had inter alia to
“the nature and ambit of self-regulatory forms of supervision provided by the
profession.”
77
Be that as it may, an approved self-regulatory instrument in the form of a code of
conduct is very relevant in South Africa in that failure to comply with its provisions
is dealt with as a failure to comply with certain principal provisions of the Act and is
punishable as such.
78
4 The Regulation of Data Processing in Specific Contexts
4.1 Data Processing by Electronic Means
The processing of personal information electronically is usually taken to mean the
same as automated processing of personal information and as shown earlier, the
POPI Act is applicable to both automated and manual processing.
79 This means the
POPI Act, in its provisions, does not discriminate between processing of personal
information electronically and manually. Information being processed by internet
service providers, social networks providers, and online retail services are
processing by electronic/automated means and are all within the scope of the Act.
The Electronic Communications and Transactions Act also has particular provision on protection of personal data in the context of services provided electronically.
This will be discussed below.
4.1.1 Specific Protection in the Context of Electronic Data Processing
There are certain protections which are provided in some specific context of electronic processing. For example, the POPI Act makes extensive provision on the
protection of persons with regard direct marketing by electronic means.
75 Section 7 of the POPI Act.
76 Section 7(2) of the POPI Act.
77 Section 7(3)(e) of the POPI Act.
78 Section 68 of the POPI Act.
79 Section 3(1) of the POPI Act.
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L. A. Abdulrauf
its provision on the exclusion of the application of the Act to journalistic, literary and
artistic purposes.
75 It is provided that where personal information is processed solely
for any of the above listed purposes, then the Act does not apply. However, this is
not a blanket provision as the Act is inapplicable only where such information is
processed “subject to a code of ethics that provides adequate safeguards for the
protection of personal information”.
76 Furthermore, it is provided that in the event of
a dispute regarding the adequacy of such a code, regards may be had inter alia to
“the nature and ambit of self-regulatory forms of supervision provided by the
profession.”
77
Be that as it may, an approved self-regulatory instrument in the form of a code of
conduct is very relevant in South Africa in that failure to comply with its provisions
is dealt with as a failure to comply with certain principal provisions of the Act and is
punishable as such.
78
4 The Regulation of Data Processing in Specific Contexts
4.1 Data Processing by Electronic Means
The processing of personal information electronically is usually taken to mean the
same as automated processing of personal information and as shown earlier, the
POPI Act is applicable to both automated and manual processing.
79 This means the
POPI Act, in its provisions, does not discriminate between processing of personal
information electronically and manually. Information being processed by internet
service providers, social networks providers, and online retail services are
processing by electronic/automated means and are all within the scope of the Act.
The Electronic Communications and Transactions Act also has particular provision on protection of personal data in the context of services provided electronically.
This will be discussed below.
4.1.1 Specific Protection in the Context of Electronic Data Processing
There are certain protections which are provided in some specific context of electronic processing. For example, the POPI Act makes extensive provision on the
protection of persons with regard direct marketing by electronic means.
75 Section 7 of the POPI Act.
76 Section 7(2) of the POPI Act.
77 Section 7(3)(e) of the POPI Act.
78 Section 68 of the POPI Act.
79 Section 3(1) of the POPI Act.
358
L. A. Abdulrauf