‘Your choice of cell phone is irrelevant in applying for credit or registering for a conference or pre-booking your intention to attend an exhibition’. Therefore the type of cell phone you purchased is relevant and between you and the cell phone manufacturer and their various suppliers only.Louis the Lawyer has drilled down further into what is meant by sharing your personal information. Advocate Nel has provided the third within a series of important personal information bullet points which is to be promulgated this year in keeping with international law. In 2013 alone – and we are not even half-way through – South Africa has had its share of monies being removed from bank accounts. Yet any information that has an ultimate value to the cyber criminals is at risk. The law defines the responsibility of your personal information as ‘processing’. Processing means that the responsible person (RP) who has your personal information (PI) is wholly responsible for the collection, dissemination and merging of your information. The RP may receive your PI manually, electronically and is essentially responsible for the total life cycle of your PI. The legal limitations placed on the use of your PI are extensive. For example you, as the DS (Data Subject) must consent to the processing of your PI. The processing of your PI must be:
- adequate and relevant and not exceed the purpose for which it is intended. For example is the RP of your PI ‘selling-on’ to another company, a particular piece of collated personal information?
- shown to protect your legitimate interests. For example the confidential supplying of your ID number for the purposes of authentic MICE attendance & compliance certification;
- required by the RP to:
- ….. carry out a contract to which you are a party;
- ….. comply with an obligation imposed by law via a public body to carry out a public law duty;
- ……pursue a ‘legitimate’ interest.