POPIA Privacy Notice – Limpopo Provincial Government

LIMPOPO OFFICE OF THE PREMEIR

The Office of the Premier respects and protects your privacy. This Notice explains how we obtain, use, and disclose your Personal Information in accordance with the requirements of the Protection of Personal Information Act 4 of 2013 & Regulations (POPIA).

The Office is committed to protecting your privacy and to ensure that the personal information is collected and used properly and transparently.

What is this notice for and whom does it apply to?

This is general notice that explains:

Who we collect personal information from;
What Personal information we collect;
Why we collect your personal information;

How we use your personal information and
What rights you have in relation to your personal information.

This notice also explains;

You can access the information we hold about you and ask for that information to be corrected; and
You can make a complaint about the way we have handled your personal information.

This general notice applies to all persons (both natural and juristic, like companies, and close corporations) whose personal information we collect regardless of form and medium. This includes our employees, consultants, agents, and service providers.

It applies to all our services and related websites.

You must read this notice together with the rules of our website (http/www.limpopo.gov.za) including disclaimer, our copyright licenses, and any other notices and policies that may apply to you.

In addition to this general notice, we may need to explain specific privacy practices in detail. In such circumstances, we develop and provide separate privacy notices to describe how we will handle the personal information that we collect.

For example, where we ask you to provide personal information in relation to your employment or in public submission to a policy proposal, we will provide you with the privacy notice at the time of collection or as soon as practicable afterwards. These privacy notices explain our personal information handling practices in relation to that particular purpose or activity.

The contact details and addresses of the Office are at the bottom of this notice.

The protection of personal information Act, 4 of 2013 & Regulations (POPIA)

The Protection of Personal Information Act, 2013 (POPIA) protects personal information of natural and juristic persons and requires the Office of the Premier to comply with the eight minimum conditions set out in the Act.

Personal Information is information or an opinion about an identified person, or an individual who is reasonable identifiable.

Personal information includes, “special personal information”, which is a particular category of personal information. While we recognize that protecting all personal information is important in gaining and maintaining your trust, special personal information is often afforded a higher level of protection.

Collection of personal information from citizens, employees and suppliers.

We collect and hold a broad range of personal information in records relating to:

Correspondence from members of the public or organizations addressed to us (the Office of the Premier);
Correspondence from other Provincial Department and other organs of state;
Employment and personal matters relating to staff and contractors;

Facilitating appointments;
Facilitating meetings;
Administering programs for which the Office of the Premier is responsible;
Research the Office has commissioned;
Contract Management;

Complaints (including privacy complaints) and feedback provided to the Office;
Request under the Promotion of Access to Information Act, 2000 (PAIA);
Legal advice provided by the state law advisors and State legal representative and;
The performance of legislative and administrative functions.

The Office collect personal information in a variety of ways. These include:

Correspondence and submissions;
Paper-based form;
Online (web-based form and e-mail) and;
Phone calls, faxes, and face to face meetings.

We often collect personal information directly from you. However, in some instances we (the Office) may also collect information about you from other organs of state or organization.

Certain third-party service providers may collect or check information from or about you on our behalf. For example, where we use vetting agencies credit bureaus, lawyers, accountants, professional bodies, banks, travel agencies, non – government organization and security companies.

We work with public bodies or organs of state such as local, provincial, and national government department, public universities, and state-owned companies, which may collect or check information from or about you on our behalf.

We only collect personal information where that information is reasonably necessary for, or directly related to one or more of our functions or activities.

We collect personal Information from and about:

Visitors to our website:

We collect information that you give to us directly via a website contact forms.
We also use common technologies (including ‘cookies’) to track website use and improve user experience anonymously and automatically track website use and improve user experience. You can usually disable this if you prefer. Our website privacy notice has more information.

Our job applicants, bursary applicants, intern applicants, Integrated Work Learning applicants and employees:

We collect information from you when you apply for a job, internship, work integrated learning or bursary and if you are successful and we employ you, give you an internship or a bursary.
We may also collect information about you from third parties, like educational bodies or previous employers.
We also collect information about employees’ and interns’ use of e-mail and the internet to monitor and review the e-mail and internet activity, where we believe it is reasonable and necessary to detect abuse or unlawful activity on the department’s resources. You cannot expect privacy in this regard.

Users of our intranets

We collect information you give us directly via contact or feedback forms;

We also use common technologies (including ‘cookies’) to track use and improve user’s experience. Only employees can access the intranet, so we can identify intranet users. Our intranet privacy notice has more information.

Our suppliers, service providers, contractors, and consultants:

We collect information from you when you apply to be listed on our supplier database and bid to supply goods or services to us.
We may also collect or check information about you from various private or public bodies, such as banks or tax authorities.

Our citizens and users of Office of the Premier’s public services and facilities:

We collect information you give us when you sent us a letter, an e-mail or text message, or when you use social media or our call center to contact us.
We also collect personal information when it is directly relevant to the specific public service, we provide to you.
We also collect information from visitors to our buildings and facilities in terms of the Control of Access to Public Premises and Vehicle Act, 1985.

Type of personal information we collect and use

The information we collect, and hold varies depending on what we need to perform our functions and responsibilities. It may include:

Your name, address, and contact details (for example your phone number or e-mail address),
Information about your identity (such as date of birth, country of birth, passport details, visa details and driver’s license);
Information about your personal circumstances (for example age, gender, marital status, and occupation);

Information about your financial affairs (for example payment details, bank account details, and business and financial interests);
Information about your employment (for example application for employment, work history, referee comments and remuneration); and
Government identifiers.

We do not necessarily collect all of this information from every person but only when it is necessary.

Special personal information

We may also collect “special personal information” which is a subset of personal information under the POPIA.

Special personal information includes information about the following:

Your health;

Your membership of a professional or trade association, or a trade union;
Your racial or ethnic origin;
Your disability status;
Criminal activities you may have been involved in; and
Your biometrics (including photographs and voice or video recordings of you).

Generally, we will only collect special personal information if its collection is reasonably necessary for, or directly related to, one or more of our functions or activities or the collection is required or authorized by law.

For example, we collect special personal information such as race and disability to inform the development of workforce plan. We require employees to complete the EEA 1 form prescribed by the Employment Equity Act, 1998. We ensure that the content remains confidential and only use the information to comply with previously mentioned Act.

We collect general personal information about our employees, suppliers and users of our public service and facilities.

Job applicants and employees:

We usually collect detailed personal information about your educational, employment, financial and criminal background, and any other relevant information such as images of you, fingerprints, driver’s license details, vehicle registration number, tax number and bank account details. If we employ you, we will also allocate you a unique identifier called a PERSAL number. We may also need further information about matters such as health issues, and family members, where relevant to the employment relations.

Suppliers, Service providers, contractors, and consultants:

We often collect detailed personal information about your qualifications, experience or suitability as a supplier, and other relevant information such as bank account details, and VAT number. We may also need further information relevant to the business relationship, such as financial statements or information about insolvency.

Visitors to our buildings and facilities:
We usually collect close circuit television (CCTV) images (and audio recordings, where applicable) of visitors to Office of the Premier buildings and facilities, as well as names, identity numbers and contact details.

Use and disclosure of personal information

We routinely use your personal information:

To communicate and manage our relationship with you;
To provide with public services, as required or allowed by law;
To make security and access control to our buildings and facilities; and

For record keeping and other administrative purposes as required by law.

We will not provide your personal information to anyone else unless you consent thereto or one of the following exceptions applies:

You would reasonably expect us to use the information for that purpose;
It is legally required or authorized, such as by law, or a court or tribunal order,
It is reasonably necessary for an enforcement – related activity;

We reasonable believe that it is necessary to lessen or prevent a serious threat to the life, health, or safety of any individual, or to public health or safety of any individual, or to public health or safety;
We have reasons to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in and we reasonably believe that it is necessary for us to take appropriate action in relation to the matter;
It is reasonably necessary for the establishment, exercise or defense of a legal or equitable claim, or
The information is used only for historical, statistical or research purposes and is not published in an identifiable form.
When we share your personal information with selected service providers who work on our behalf, for specific defined purposes related to public services we provide we will ensure that appropriate protection of your personal information is in place with these third parties in accordance with our obligations under the POPIA.

We are very careful with special personal information, and where practical, we usually group personal information together as aggregated data so that individuals cannot easily be identified.

Unless we have clear informed consent or the law clearly allows us in a certain limited circumstances, we will not:

Sell or sent personal information,
Use your personal information for the purposes that are different, unusual, or unexpected in relations to the reason for collecting it in the first place,
Share your personal information with third parties in circumstances other than the ones we have referred to above.

Storage and data security.

We respect and protect our privacy and save your personal information according to generally accepted information security practices. We take all reasonable steps to protect the personal information held in our possession against loss, unauthorized access, use, modification, disclosure, or misuse. The Office of the Premier will act promptly with any accidental or unauthorized disclosure of personal information.

Storage of personal information (and the disposal of information when no longer required) is managed in accordance with the Limpopo Government records management regime provided for in the Limpopo Province Archives Act (Act No. 5 2001) When the personal information we collect is no longer required, we delete or destroy it in a secure manner, unless we are required to maintain it because of a law, or court or tribunal order.

Where a breach of personal information occurs, we will notify the Information Regulator and the affected individual as required. We will aim to provide you with timely advice to ensure you are able to manage any loss – financial or otherwise – that could result from the breach.

Your choice and consent in connection with your personal information

We try to obtain your consent to collect and use your personal information, where practical.
You do not normally have to give us personal information but if you do not, we may not be able to communicate with or provide government services to you. You may also ask us not to sent you unsolicited messages (opt -out), but then we cannot tell you about public services that may be important to you.
You may access personal information we hold about you and ask us to correct or delete any that is wrong, irrelevant, out of date, misleading and so on. But we may check your identity before giving you access. For more information, please read our PAIA Manual 2021 – 2022 (pdf) on the internet.
You also have certain rights to withdraw consent or object to us using your personal information under POPIA, but these rights are limited. For example, if the purpose for which your personal information was requested initially does not exist anymore you may request that the information was requested initially does not exist anymore you may request that the informaton may no longer be used.

We can decline your request to delete the information from our records if other legislation requires us to retain the information.

Privacy complains

If you feel we are not dealing with your personal information fairly and lawfully, you may complain to the Information Regulator at JD House 27 Stiemens Street Braamfontein Johannesburg 2017, Tel: +27 (0) 10 023 5200 Email: complaints. IR@justice.gove.za

Please first give us a chance to resolve any complaint by contacting us at the details below:

Your compliant should include a brief description of what happened, when it happened and what personal information was affected.

How to contact us to comment, complain or ask questions about our privacy notice or your personal information

Email : NchabelengN@premier.limpopo.gov.za

Alternative Email: Paia@premier.limpopo.gov.za

Tel : 015 287 6000

Responsibility: Director General

Post : Information Officer

The Office of the Premier

Mowaneng Building

40 Hans Van Rensburg Street

Private Bag x9483

POLOKWANE

0700

Visit us in person: 40 Hans Van Rensburg Street, Polokwane, 0700.

Email: Ngobenik@premier.limpopo.gov.za