LCR4805
LAW
PORTFOLIO
MEMO/GUIDELINE
SEMESTER 2 –
OCTOBER/
NOVEMBER
UNISA – 2022
13 OCTOBER 2022
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, QUESTION 1
LCR4805 OCTOBER/NOVEMBER 2022
The following questions are based on the accented Protection of Personal
Information Act 4 of 2013 with full compliance since June 2021.
Thapelo Lesedi owns a dog parlour, named “Pampered Pooches”. In order to
advertise his business and to keep in touch with clients, he created a Facebook
page for his business. On the Facebook page, he posts information about his
services as well as news items about the dogs and their owners who make use
of his services. For example, he posted a picture of a dog being bathed whilst
his owner is looking on. He commented on it: “Peter of Pampered Pooches is
giving Lucky his monthly wash and trim while Lucky’s owner Lemogang Legoba
is looking on”.
(a) Is posting a picture of someone on a Facebook page as described above
considered to be “processing of personal information” in terms of the
Protection of Personal Information Act? Discuss by referring to the Act’s
definitions of “processing” and “personal information”. (5)
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.
The screening of candidate’s information on social networks does amount to
processing. The Act defines personal information as “information relating to an
identifiable, living, natural person and, where it is applicable, an identifiable, existing
juristic person”. 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. The list includes
sensitive information, such as information relating to a person’s race, gender, sex,
sexual orientation, religion, and medical history, but also mundane, yet nevertheless
personal, information such as the person’s name. It specifically includes the name of
the person if it appears with other personal information relating to the person or if the
