LCR4805 PORTFOLIO MEMO - MAY/JUNE 2022 - SEMESTER 1 - WITH BIBLIOGRAPHY
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 inf...
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 information of candidates found on social networks when
screening candidates? Discuss. (20)
(a)
Processing is defined widely as meaning any operation or activity or any set of
operations, (1) whether or not by automatic means, (1) concerning personal
information, including the collection, use, dissemination by means of transmission,
distribution or making available in any other form. (1) The screening of candidate’s
information on social networks does amount to processing. (1) The Act defines
personal information as “information relating to an identifiable, living, natural
person (1) and, where it is applicable, an identifiable, existing juristic person”. (1)
The Act goes on to list eight different types of information which are included in this
definition. The list is not intended to limit the definition. (1) The list includes
sensitive information, such as information relating to a person’s race, gender, sex,
sexual orientation, religion, and medical history, (1) but also mundane, yet
nevertheless personal, information such as the person’s name. (1)
MEMO CONTINUES……….
It specifically includes the name of the person if it appears with other personal
information relating to the person (1) or if the disclosure of the name itself would reveal
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