Data Management

Topics

A DS has the right to have his, her or its PI processed in accordance with the 8 conditions for the lawful processing of PI, including the rights of:

1. Notice
   
2. Access
   
3. Correction / destruction
   
4. Objection against processing (general)
   
5. Objection against direct marketing
   
6. Not to receive unsolicited electronic communication
   
7. Not to be subjected to decisions based on profiling
   
8. Submission of complaints to the IR
   
9. Instituting civil action
   

1. Notice

• The DS has the right to be notified that
• personal information about him, her or it is being collected as provided for in terms of section 18; or
• his, her or its personal information has been accessed or acquired by an unauthorised person as provided for in terms of section 22 - in other words when a security breach has occured.
• See chapter on Openness.

2. Access

• To establish whether a RP holds PI of that DS and to request access to the PI.
• See chapter on DS Participation.

3. Correction / Destruction

• To request, where necessary, the correction or destruction of his, her or its personal information.
• See chapter on Purpose specification.

4. Objection against processing (general)

• The DS can object, on reasonable grounds relating to his, her or its particular situation to the processing of his, her or its personal information.
• See chapter on the 6 grounds for processing.

5. Objection against direct marketing

• The DS kan object to the processing of his, her or its PI at any time for purposes of direct marketing.
  See chapter on additional rights and responsibilities.
  
• See chapter on additional rights and responsibilities.

6. Not to receive unsolicited electronic communication

• The DS has the right not to have his, her or its PI processed for purposes of direct marketing by means of unsolicited electronic communications.
• See chapter on additional rights & responsibilities.

7. Not to be subjected to decisions based on profiling

• Not to be subjected, under certain circumstances, to a decision which is based solely on the basis of the automated processing of his, her or its PI intended to provide a profile of such person.
• See chapter on additional rights and responsibilities

8.Submission of complaints to the IR

The DS has the right to submit complaints to the IR

• if the DS is of the opinion that his or her PI has been unlawfully processed
• regarding the alleged interference with the protection of the PI of any DS
• in respect of a determination of an adjudicator.

9. Instituting civil action

The DS has the right to institute legal action against a RP if the DS is of the opinion that his/her PI has been unlawfully processed. The DS can also request the IR to institute legal action on his/her behalf should the DS not have the financial capability to institute action by him/herself.