Website Privacy Policy

Protection of Personal Information Act (Act 3 of 2014)(“the Act”)

The Act makes it clear that if you are processing the personal information of someone, you must get that person or entity’s consent unless it is required by law that you process such information. Consent is required even if they voluntarily give up that information to you on your website.

Some Quick Definitions

“Processing” – basically means what are you doing with the Personal Information you receive and your actions after receipt thereof.
“Personal Information” – any information that can identify a person or entity (who they are, how to contact them, where they are etc.)

*These are my short hand definitions. Full definitions can be found in the Act.

Website Contact Us Page

The basics of a contact us page is that you are collecting information on a person or entity on who they are and how to contact them, i.e. processing their personal information. They would therefore need to consent to you collecting that information and then using it to contact them.

Consent?

Consent must be voluntary, specific and an informed expression. Interestingly, the Act does not require it to be written. However, if it is not written how do you prove it?
Having a privacy policy at the bottom of your website, explaining what personal information you collect, why and what you do with it is great. However, does merely having it on your website imply consent if someone filled in your contact us form? In my opinion, no. You should go further to have a tick box on your contact us page, where they can tick that they have read your privacy policy, that they understand it and consent thereto. Only if they click the tick box will an email be sent through to you with that person’s request and personal information.

The law requires this action and this is one aspect of POPI compliance. At this stage we do not know what the implications will be of violating the Act in this specific regard (contact us forms). Considering that a person gives you their contact details because they have a question about your services, what damages could such a person possibly suffer if you respond to their request? It may be tested in the future in court and having this in place does ensure you will not be the test subject of this debate.
When in receipt of someone’s personal information, like their contact details, you need to process that information in a responsible and confidential manner as prescribed in the Act.

Disclaimer
The information set out herein is provided for general information purposes only and should not be construed as legal advice from any lawyer or representative of our firm.
Professional legal advice should therefore be sought before any action is taken based on the information set out herein.
Sandenbergh Vosloo Attorneys do not accept any responsibility for actions taken without due consultation and no person shall have any claim of any nature whatsoever arising out of, or in connection with, the contents hereof against Sandenbergh Vosloo Attorneys and/or any of its partners and/or employees.