Are you plagued by spam text messages?

You can do something about the many uninvited SMS’s you receive on your phone from direct marketers. Our Constitution respects your right to privacy. In addition, the Consumer Protection Act and the Protection of Personal Information Act contain specific provisions regulating direct marketing and your right to privacy. The Wireless Application Service Providers’ Association (WASPA)… Continue Reading

POPI – registration of Information Officers and developing Codes of Conduct

In terms of the Protection of Personal Information Act, 2013 (“POPIA”), the Information Regulator in South Africa (“Regulator”) requires the appointment and registration of an Information Officer and compliance with the Regulator’s codes of conduct,   The Regulator, in her notice of 22 February 2021, indicated these effective dates: Regulation 5 (Application for Code of Conduct)… Continue Reading

CCTV in a public change room

A client asked me: My son belongs to Durban surf lifesaving club and they have 2 cameras in the boys’ locker room. Is this legal? He does not want to change in front of them and sometimes moves them and then gets into trouble. Please can you just give me a quick view of the… Continue Reading

POPI – a short summary

Stay ahead of the curve and join Michalsons’   data protection programme today! On August 22, 2013, the South African Parliament passed the first comprehensive data protection legislation in South Africa, the Protection of Personal Information (POPI) Bill. This Bill supports the existing right to privacy found in section 14 of the Constitution of the… Continue Reading

Privacy law in a nutshell

Paul Jacobson describes when a person’s privacy is inviolate Source: Paul Jacobson of Jacobson Attorneys The primary law governing privacy law is the Bill of Rights and article 14 in particular: 14 Privacy Everyone has the right to privacy, which includes the right not to have- (a) their person or home searched; (b) their property searched;… Continue Reading

Employee’s right to privacy and secrecy

Section 14 of our Constitution provides that everyone has the right to privacy Section 14 of our Constitution provides that: Everyone has the right to privacy, which includes the right not to have  ­ their person or home searched; their property searched; their possessions seized; or the privacy of their communications infringed.   An employer… Continue Reading

Employer access vs. Employee privacy

To what extent may an employer obtain and use a variety of “private” employee information, such as medical and financial records, search employee work stations, and monitor employee PC’s, e-mail and business telephones, arrest and criminal records and credit reports? POPI In terms of the Protection of Personal Information Bill (‘POPI’), “personal information” means information… Continue Reading

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