Ba-Phalaborwa Municipality's POPIA Commitment
The Protection of Personal Information Act No. 4 of 2013, commonly known as POPIA, came into full force and effect on 1 July 2021. POPIA seeks to protect natural and juristic persons from harm by protecting their personal information.
POPIA sets out eight conditions for the lawful processing of personal information. In this way, the Act seeks to balance the right to privacy against other rights, particularly the right of access to information.
Information Officers
In compliance with the Promotion of Access to Information Act (PAIA) and POPIA, Ba-Phalaborwa Municipality (BPM) has appointed an Information Officer (Municipal Manager) and Deputy Information Officers (Acting Senior Manager: Corporate Services).
These officers are registered with the Information Regulator in terms of section 55(2) of the Protection of Personal Information Act 4 of 2013.
The Deputy Information Officers assist the Municipal Manager, who is the Information Officer in terms of PAIA and POPIA, to oversee the implementation of POPIA and attend to requests for access to personal information as prescribed by POPIA and PAIA.
All requests for access to information should be directed to the relevant Municipal Information Officer or Deputy Information Officer.
Ba-Phalaborwa Municipality has also published a PAIA Manual, copies of the PAIA and POPIA legislation, and prescribed forms on its website. These are available for anyone requesting access to information held by the Municipality, including personal information.
How We Process Personal Information
In terms of POPIA, Ba-Phalaborwa Municipality undertakes to process personal information and special personal information in accordance with the Act. The Municipality commits to the following:
Personal information may only be processed in a fair and lawful manner and only with the consent of the data subject or a competent person where the data subject is a minor.
Personal information may only be processed for specific, explicitly defined and legitimate reasons.
Personal information may not be processed for a secondary purpose unless that processing is compatible with the original purpose.
Reasonable steps will be taken to ensure that the personal information collected is complete, accurate, not misleading and updated where necessary.
The data subject whose information is collected will be made aware that BPM is collecting such personal information and the purpose for which the information will be used.
Processing is necessary to carry out actions for the conclusion or performance of a contract to which the data subject is a party.
Personal information will be kept secure against the risk of loss, unlawful access, interference, modification, unauthorised destruction and disclosure.
Data subjects may request confirmation of whether their personal information is held, as well as the correction and/or deletion of personal information held about them, subject to applicable law.
Rights of Data Subjects
In terms of POPIA, a data subject has the following rights:
Right to Know
The right to know what information is being kept, how it is being used, and when the Municipality may disclose it.
Right to Correct Information
The right to correct personal details. The Municipality will keep information updated or as captured by the data subject.
Right to Revoke Consent
Data subjects may revoke consent previously given. This should be done in writing and addressed to the Information Officer or Deputy Information Officer.
PAIA@ba-phalaborwa.gov.za