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LCR4805 EXAM SEMESTER 1 2023 (MAY/JUNE)
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lOMoAR cPSD| 24668432LCR4805 EXAM
SEMESTER 1 2023
[Company address]
, lOMoAR cPSD| 24668432
Student number 53181956
May/June 2023 LCR4805
Selected Private and Criminal Law Principles of the Internet
QUESTION 1
During the recruitment of new staff, an employer checks the profiles of the candidates on
various social networks and includes information from these networks in the screening
process. The employer has not informed the candidates about this.
1.1 Does the Protection of Personal Information Act 4 of 2013 allow an employer to include
the information of candidates found on social networks when screening candidates?
Discuss.
The Protection of Personal Information Act (POPIA) came into effect on 1 July
2020. The Act gives effect to the right to privacy as enshrined in the Constitution
of South Africa, as an essential component of human dignity, freedom, and
security. The main purpose of the Act is to regulate the processing of personal
information by public and private entities. According to the Act, personal
information is defined as any information that identifies a living person or makes
him/her identifiable, such as a name, address, or identification number.
The Act's provisions require employers to protect personal information, both
before and after the employment relationship. This protection covers the storage,
processing, and disposal of data. Section 4 of the POPIA states that personal
information may only be processed if certain conditions are met. These include
informed consent, compliance with a legal obligation, and legitimate interests
pursued by a responsible party.
The use of social media profiles for recruitment purposes raises several questions
about an individual's right to privacy and the protection of their personal
information. In terms of POPIA, processing personal information necessitates
adherence to the act's principles and conditions. In this regard, it is essential for
an employer to obtain informed consent from candidates before processing their
personal information.
, lOMoAR cPSD| 24668432
Informed consent involves an employer obtaining permission from a candidate or
data subject before obtaining, retaining, or using their personal information.
Consent must be obtained legally and voluntarily, and the candidate or data
subject should be made aware of the purpose of the processing, the nature of the
information that will be processed, and any third parties that will have access to it.
This means that an employer should obtain consent from all candidates before
checking their social media profiles.
Furthermore, POPIA obligates responsible parties to provide information on the
purpose of the processing of personal information. This includes providing
reasonable information about the source of the information, the category of
personal information processed, the purpose of the processing, and the recipients
or categories of recipients who received or will receive the personal information.
If an employer is using personal information obtained from social media in the
hiring process without informing the candidate, the employer would be in violation
of POPIA. Therefore, employers need to be transparent and honest about the
information they obtain about candidates through social media networks. The
recruitment process should be fair, transparent, and based on merit and skills,
rather than solely on information obtained through social media.
In conclusion, the use of social media profiles as part of the recruitment process
is becoming more prevalent. However, employers need to be mindful of the legal
implications of using social media profiles in the hiring process. POPIA provides
clear guidelines for the processing of personal information by responsible parties,
including employers. Employers should obtain informed consent and be
transparent when processing personal information obtained from social media
networks. Finally, the recruitment process should be fair, transparent, and based
on merit and skills.
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.
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