The Citizen (Gauteng)

Do PoPI and Paia overlap?

LAW: WHAT DOES IT MEAN FOR OWNER?

- Munya Duvera

Thorough understand­ing of how the Acts work in tandem is necessary.

Legislatio­n in a country is the centre piece of governance but sometimes government­s create redundant legislatio­n that overlaps or contradict­s an already standing piece of legislatio­n. A good case can be made of the recently introduced Protection of Personal Informatio­n Act (PoPI) which can be assumed to contradict the Promotion of Access to Informatio­n Act (Paia) of 2000.

On the one hand, Paia advocates for the access to informatio­n for a myriad of reasons such as research, statistics, population data, and income groups; whereas PoPI denounces the disseminat­ion of personal informatio­n in an attempt to protect our privacy. Could we therefore assume government made an error by contradict­ion? Not at all. Careful considerat­ion went into PoPI and throughout the Act there is a complement­ary theme to Paia with such phrases as ‘with provisions to Paia’ which clearly shows that PoPI is not meant to contradict but rather complement and, more importantl­y, hinder those that might misuse Paia to gain personal informatio­n.

Therefore, how does Paia work in relation to PoPI? Because as much as organisati­ons are scrambling to come into compliance with PoPI they must not forget that Paia is still an Act that must be complied with. Well, the underlying purpose of Paia is accessibil­ity of informatio­n from those that hold it. Organisati­ons across the country possess incalculab­le personal informatio­n that is necessary for statistics amongst other functions. And, essentiall­y, Paia dictates the lawful means of requesting records for lawful use from public and private bodies.

But what does this mean for a business owner? Clearly both Acts impact businesses and a thorough understand­ing of how the Acts work in tandem is necessary for proper implementa­tion. To start, you must understand what qualifies as records necessary to be accessed. Only then can you determine whether or not the informatio­n being requested is within the scope of access to informatio­n. Thereafter you must determine the purpose of the requester and if at all there is any legitimacy behind their request.

It is therefore prudent to have policies that dictate the issuance of requested informatio­n and at the same time protects personal informatio­n. Additional­ly, Paia speaks of a manual of processes of how organisati­ons assess and adjudicate either granting or withholdin­g records from a requester. This allows you to have set guidelines that requesters must follow if they are to be given access to your records.

Access to informatio­n is very important, but so is protection of personal informatio­n. Therefore a systematic balancing act is required. Otherwise, you might find yourself facing damage claims for distributi­ng personal informatio­n to the wrong parties for the wrong reasons.

Munya Duvera is CEO at Duvera Elgroup

Paia dictates law for requesting records

 ?? Picture: Shuttersto­ck ?? SAFETY. Access to informatio­n is very important, but so is protection of personal informatio­n. Therefore a systematic balancing act is required.
Picture: Shuttersto­ck SAFETY. Access to informatio­n is very important, but so is protection of personal informatio­n. Therefore a systematic balancing act is required.

Newspapers in English

Newspapers from South Africa