1. Definitions

In this Act, unless the context indicates otherwise-


“biometrics” means a technique of personal identification that is based on physical, physiological or behavioural characterisation including blood typing, fingerprinting, DNA analysis, retinal scanning and voice recognition;


“child” means a natural person under the age of 18 years who is not legally competent, without the assistance of a competent person, to take any action or decision in respect of any matter concerning him- or herself;


“code of conduct” means a code of conduct issued in terms of Chapter 7;


“competent person” means any person who is legally competent to consent to any action or decision being taken in respect of any matter concerning a child;


“consent” means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information;


“Constitution” means the Constitution of the Republic of South Africa, 1996;


“data subject” means the person to whom personal information relates;


“de-identify”, in relation to personal information of a data subject, means to delete any information that-

  • identifies the data subject;
  • can be used or manipulated by a reasonably foreseeable method to identify the data subject; or
  • can be linked by a reasonably foreseeable method to other information that identifies the data subject,

and “de-identified” has a corresponding meaning;


“direct marketing” means to approach a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of-

  • promoting or offering to supply, in the ordinary course of business, any goods or services to the data subject; or
  • requesting the data subject to make a donation of any kind for any reason;


“electronic communication” means any text, voice, sound or image message sent over an electronic communications network which is stored in the network or in the recipient’s terminal equipment until it is collected by the recipient;