QUESTION 1
The following questions are based on the accented Protection of
Personal Information Act 4 of 2013 with full compliance since June 2021.
Thapelo Lesedi owns a dog parlour, named “Pampered Pooches”. In
order to advertise his business and to keep in touch with clients, he
created a Facebook page for his business. On the Facebook page, he
posts information about his services as well as news items about the
dogs and their owners who make use of his services. For example, he
posted a picture of a dog being bathed whilst his owner is looking on.
He commented on it: “Peter of Pampered Pooches is giving Lucky his
monthly wash and trim while Lucky’s owner Lemogang Legoba is
looking on”.
(a) Is posting a picture of someone on a Facebook page as described
above considered to be “processing of personal information” in
terms of the Protection of Personal Information Act? Discuss by
referring to the Act’s definitions of “processing” and “personal
information”. (5)
Processing is defined widely as meaning any operation or activity or any set of
operations, whether or not by automatic means, concerning personal information,
including the collection, use, dissemination by means of transmission, distribution or
making available in any other form.
The screening of candidate’s information on social networks does amount to
processing. The Act defines personal information as “information relating to an
identifiable, living, natural person and, where it is applicable, an identifiable, existing
juristic person”. The Act goes on to list eight different types of information which are
included in this definition. The list is not intended to limit the definition. The list
includes sensitive information, such as information relating to a person’s race,
The following questions are based on the accented Protection of
Personal Information Act 4 of 2013 with full compliance since June 2021.
Thapelo Lesedi owns a dog parlour, named “Pampered Pooches”. In
order to advertise his business and to keep in touch with clients, he
created a Facebook page for his business. On the Facebook page, he
posts information about his services as well as news items about the
dogs and their owners who make use of his services. For example, he
posted a picture of a dog being bathed whilst his owner is looking on.
He commented on it: “Peter of Pampered Pooches is giving Lucky his
monthly wash and trim while Lucky’s owner Lemogang Legoba is
looking on”.
(a) Is posting a picture of someone on a Facebook page as described
above considered to be “processing of personal information” in
terms of the Protection of Personal Information Act? Discuss by
referring to the Act’s definitions of “processing” and “personal
information”. (5)
Processing is defined widely as meaning any operation or activity or any set of
operations, whether or not by automatic means, concerning personal information,
including the collection, use, dissemination by means of transmission, distribution or
making available in any other form.
The screening of candidate’s information on social networks does amount to
processing. The Act defines personal information as “information relating to an
identifiable, living, natural person and, where it is applicable, an identifiable, existing
juristic person”. The Act goes on to list eight different types of information which are
included in this definition. The list is not intended to limit the definition. The list
includes sensitive information, such as information relating to a person’s race,
