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Protection of Personal Information Manual (POPIA MANUAL)

Updated and Published: 30 June 2021

1. Introduction and Purpose

PEC Utility Management (Pty) Ltd (PEC) is a private company registered in South Africa and is obligated to comply with the Protection of Personal Information Act 4 of 2013 (POPIA).

  • PEC must inform clients, consumers, and employees how their personal information is gathered, used, protected, disclosed, and destroyed.

  • PEC guarantees to protect privacy and use personal information appropriately, transparently, and securely.

  • This policy sets out how PEC manages personal information and the purposes for which it is used.

  • Available at: www.pecutilities.co.za or PEC head office.

2. Background

POPIA regulates the processing of personal information by public and private bodies.

3. Key Definitions

  • Data subject – the person to whom personal information relates.

  • Processing – collection, storage, updating, distribution, destruction, etc. of personal info.

  • Record – any recorded information (writing, electronic, maps, photos, etc.).

  • Responsible party – determines purpose/means for processing info.

  • Personal information – race, gender, ID, financial/medical history, opinions, etc.

  • Information Officer – CEO of PEC, registered with the Information Regulator.

  • Information Regulator – independent body monitoring compliance with POPIA.

4. Policy Statement & Responsibilities

PEC commits to ensuring personal info is processed lawfully, securely, and transparently.

5. Rights of Data Subjects

  • Object to use of personal info.

  • Be notified if info is used for another purpose.

  • Confirm whether PEC holds their info.

  • Request correction/deletion of info.

  • Refuse direct marketing.

  • Lodge complaints with the Regulator.

  • Institute civil proceedings.

6. Conditions for Lawful Processing

  • Accountability – responsible party must comply with the Act.

  • Processing Limitations – requires consent, legal obligation, contract, or legitimate interest.

  • Specific Purpose – info must be collected for a defined lawful purpose.

  • Limiting Collection – info must be collected fairly, lawfully, and directly from the data subject (with exceptions).

  • Information Quality – info must be accurate and updated.

  • Openness – subjects must be aware of purpose, responsible party, and rights.

  • Security Safeguards – protect integrity and confidentiality of info.

  • Data Subject Participation – can request correction or deletion.

7. Information Regulator

  • Independent authority with jurisdiction across South Africa.

  • Enforces offences and penalties:

    • Minor offences → fine and/or 12 months imprisonment.

    • Major offences → fine and/or 10 years imprisonment.

8. Information Officer Responsibilities

  • Ensure compliance with POPIA.

  • Develop and maintain policies.

  • Staff training and awareness.

  • Handle access requests and complaints.

  • Approve data disclosures and operator contracts.

  • Ensure info quality and security.

  • Investigate and document breaches.

9. Trans-Border Information Flows

PEC complies with POPIA Chapter 9, Section 72, using contractual commitments with third parties.

10. Safeguarding Information

  • Information Officer: Nico Pienaar (details below).

  • POPIA policy, PAIA Manual, Privacy Policy, incident response plan in place.

  • Risks assessed, IT systems secured, backups stored off-site.

  • Employees sign contracts with POPIA compliance clauses.

11. Destruction of Records

  • Paper: shredded beyond reconstruction.

  • Electronic: securely deleted with IT services.

12. Employees and Agents of PEC

  • Must treat personal information as confidential.

  • Cannot disclose info unless necessary for duties or already public.

  • Must follow POPIA conditions and obtain consent before processing.

13. Scope & Training

  • Staff responsibilities outlined during induction.

  • Ongoing training ensures compliance.

14. Policy Review

  • Annual review by the Information Officer.

15. Information Officer Details

Information Officer

  • Name: Nico Pienaar

  • Tel: 012 846 3000

  • Fax: 012 846 3028

  • Postal: P.O. Box 73639, Lynnwood Ridge, 0040

  • Physical: 128 Siersteen Street, Silvertondale, Pretoria

  • Email: popia@pecgroup.co.za

Deputy Information Officer

  • Name: Riëtte Delport

  • Tel: 012 846 3000

  • Fax: 012 846 3028

  • Postal: P.O. Box 73639, Lynnwood Ridge, 0040

  • Physical: 128 Siersteen Street, Silvertondale, Pretoria

  • Email: popia@pecgroup.co.za

16. Forms Included