WHAT IS PERSONAL INFORMATION?

WHAT IS PERSONAL INFORMATION?

POPI DEFINITION OF PERSONAL INFORMATION

The POPI definition of “personal information” is “information relating to an identifiable, living, natural or juristic person. This means that personal information is any information that can be used to identify an existing natural or juristic person. Information of deceased persons, or juristic persons that are no longer in existence is not personal information as defined, and so would fall outside the scope of the Act. This includes:

  • information relating to a person’s race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth
  • information relating to a person’s education, medical, financial, criminal or employment history
  • any identifying number (eg. ID, Policy, Passport), symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to a person
  • biometric information
  • personal opinions, views or preferences of the person
  • correspondence sent by the person that is implicitly or explicitly private or confidential or further correspondence that would reveal the contents of the original correspondence
  • views or opinions of another individual about the person
  • the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person

There is a separate category of information called “special personal information” which includes all information relating to a person’s religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life, biometric information or criminal behaviour. There are also special provisions relating to children’s information.

 

PAIA DEFINITION OF PERSONAL INFORMATION

“‘Personal information” means information relating to an identifiable natural person. Non- natural or juristic persons are not included, and the information of any person who has been dead for more than 20 years is also excluded. It includes the same list as noted above for POPI.

 

WHAT IS THE PERSONAL INFORMATION OF A JURISTIC PERSON?

Personal information includes “information relating to … where it is applicable, an identifiable, existing juristic person”. A juristic person includes a company, trust, CC or SOC. Examples of where it is applicable include:

  1. information relating to the ownership (for example black owned) and age (for example been registered for ten years);
  2. information relating to the financial or criminal history of the person;
  3. any identifying number (for example, its registration number), symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
  4. the personal opinions, views or preferences of the person;
  5. Correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
  6. the views or opinions of another individual about the person; and
  7. the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person.”