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LCR4805
Selected Private and Criminal Law Principles of the Internet
ASSIGNMENT 1 MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER:-
Due Date :- 14 March 2023
Includes Footnotes and/or 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 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. (15)
1.2 Does the use of information found in a candidate’s inbox on a social network amounts to an interception of a
communication as defined in the Regulation of Interception of Communications and Provision of Communication-
related Information Act 70 of 2002? Discuss. (5)
[20]
QUESTION 2
One evening while driving home after work, Thabo was involved in a road-rage incident. The driver of a truck didn’t
like how Thabo was driving. He forced Thabo’s car to stop, got out of his truck and smashed in the windscreen of
Thabo’s vehicle with a metal pipe. He pulled Thabo out of his vehicle, shouted at him, waved his arms in the air,
climbed back into his truck and drove off. QUESTION CONTINUES…
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, 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 information of candidates found on social networks when screening
candidates? Discuss. (15)
(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…
