I have heard people talking about POPI, what is it and does it apply to me as a Farmer?
POPI stands for ‘Protection of Personal Information’ and is an Act that was created by legislature to guide the manner in which public and private bodies obtain information about individuals, how and when they may pass on this information and how they should store the collected information.

It was intended to be a piece of legislature that helps protect personal Information in a world where access to information (including private information) has become more and more prevalent.

In terms of POPI the person who receives or collects the information is known as the Responsible Party and if any private information they are privy to is passed on by them to a third party (intentionally, unintentionally or because of negligence), they can legally be held liable (subject to certain conditions) and could face up to 12 months imprisonment; a fine of up to R10 million or civil action for damages.

POPI sets out clear guidelines regarding what type of personal information it applies to and what conditions need to be met in order for the processing of personal data to be lawful.

In the case of a Farmer, he needs to ask the following questions:

1. Do I have a copy of the Identity Document of any of my employees?
2. Do I have their telephone Numbers or Physical Addresses?
3. Do I know what Union (if any) they belong to?
4. Do I know what religion they believe in?
5. Do I have any information pertaining to my employees’ race, gender, age, marital status or health?
6. Do I have any information pertaining to any of my employees children?
7. Do I know of any criminal or civil proceedings or convictions against my employees?
8. Do I know what my employees’ political affiliations are?

If the Farmer has answered yes to any of the above questions, POPI applies to him and he is legally liable should he not have clear steps defining how he will process the information to which he has access.

It is important that employers should be proactive and ensure that they are POPI compliant. Protecting Personal Information should be every employer’s priority as all employees implicitly trust that their information will be protected and any breach of that information would shake the foundation of trust the employer-employee relationship is based upon.

To help you ensure that you are POPI compliant or for any further queries on this topic, please do not hesitate to contact Ralf Schulz from Schulz Attorneys on 033 503 1429.