Updated: May 22
Section 14 of the Constitution of the Republic of South Africa, 1996, provides that everyone has the right to privacy. The right to privacy includes a right to protection against the unlawful collection, retention, dissemination and use of special personal information.
The COVID-19 pandemic has necessitated vast and varying forms of interventions from various stakeholders in society, including ourselves as an organisation – many of which require limitations on the right to privacy and increased processing of Personal and Special Personal Information to assist in the tracking, tracing and prevention of further outbreaks of COVID-19. Considerate of the regulatory environment surrounding COVID-19 in South Africa, including the Protection of Personal Information Act 4 of 2013 (“POPIA”); the Disaster Management Act 57 of 2002 (Regulations) (as amended); the Occupational Health and Safety Act, 1993 (“OHSA”); and the Information Regulator Guidance Note, EndCode has drafted a Privacy Notice (“Notice”) intended to assist South African organisations in responsibly and lawfully processing Personal and Special Personal Information in accordance with the aforesaid regulatory environment.
The Privacy Notice has been specifically drafted so as to supplement (by specifically regulating the processing of Health Information during the COVID-19 pandemic) any pre-existing organisational privacy or other policies that regulate the collection and processing of Personal and/or Special Personal Information by, and within an Organisation.
You may freely obtain a copy of the Privacy Notice in both Word and PDF below:
The attached Privacy Notice has been distributed for educational, awareness and training purposes. It is supplementary in nature and is intended to complement existing organisational policies. It should not be construed as legal advice for your organisation in any way.