ANNOUNCEMENT: PROTECTION OF THE PERSONAL INFORMATION ACT (POPI ACT) COMPLIANCE BY THE NATIONAL ARTS COUNCIL OF SOUTH AFRICA (NAC)

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ANNOUNCEMENT: PROTECTION OF THE PERSONAL INFORMATION ACT (POPI ACT) COMPLIANCE BY THE NATIONAL ARTS COUNCIL OF SOUTH AFRICA (NAC)
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In an effort towards transparent, ethical and lawful engagement with all National Arts Council (“NAC”) Stakeholders, the NAC announces its rollout of the NAC Protection of Personal Information Act Framework.

This statement describes the NAC’s policy for accessing, processing and managing the personal information of our Stakeholders.

The NAC is fully committed to this process and is actively engaging the sector on the best way forward for a mutual understanding of the upholding and protection of our Stakeholder’s rights with regards to personal information, including personal data.

1. DEFINITIONS

Personal Information

Any information that can be used to reveal a person’s identity.  Personal information relates to an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person (such as a Company), including, but not limited to information concerning:

  • Race, gender, sex, pregnancy, marital status, national or ethnic origin, colour, sexual orientation, age, physical or mental health, disability, religion, conscience, belief, culture, language, and the birth of a person;
  • Information relating to the education or the medical, financial, criminal or employment history of the person;
  • Any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignments to the person.
Data Subject

This refers to the natural or juristic person to whom the personal information relates.  For purposes of this document, this also refers to the NAC’s Stakeholders.

Responsible Party

The Responsible Party is the entity that is responsible for processing personal information for a particular reason and who determines the purpose of and means for processing the personal information.  For purposes of this document, the NAC is the Responsible Party.

Information Officer

The Information Officer is responsible for ensuring the NAC’s compliance with the POPI Act.

The Information Officer must be registered with the Information Regulator established under the POPI Act.

Processing

Processing of personal information includes any activity or any set of operations, whether or not by automatic means, concerning personal information and includes, but is not limited to —

  • The collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation, or use;
  • Dissemination by means of transmission, distribution or making available in any other form.
Consent

Means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information.

2. STAKEHOLDER RIGHTS

The NAC commits to uphold the rights of Stakeholders with regards to:

  • Being informed that a Stakeholder’s / Data Subject’s personal information is being collected;
  • Being informed should a Stakeholder’s / Data Subject’s personal information be disclosed to or accessed by an unauthorised juristic or natural person;
  • To enquire whether the NAC holds any personal information of a Stakeholder / Data Subject;
  • To require personal information to be corrected or destroyed; and
  • To object on reasonable grounds to personal information being processed.

 

3. THE INFORMATION THAT THE NAC COLLECTS

Personal information that is collected by the NAC includes:

  • Company profiling and details;
  • South African Revenue Services Compliance Information;
  • Biographical and contact information;
  • Demographical information; and
  • Proposed concepts, programmes and projects details by Stakeholders.

 

4. HOW DOES THE NAC USE THIS INFORMATION

The NAC collects and processes the personal information for the following primary reasons:

  • Contracting funding applications for beneficiaries;
  • To confirm, verify or update beneficiary, client or Stakeholder details;
  • Assessing and processing of payments, claims or contributions;
  • Disseminating data sets and information about the NAC;
  • The Procurement of goods and services;
  • For audit and record keeping purposes;
  • In connection with legal proceedings;
  • Providing communication in respect of the NAC and regulatory matters that may affect its Stakeholders; and
  • For any other lawful purpose for which it has the necessary consent.

 

5. REGULATORY OBSERVATIONS OF PERSONAL INFORMATION LIFE CYCLE BY THE NAC

A. Information Collection

Personal information will be collected, in accordance with the following principles:

  • The information was voluntarily submitted by the Stakeholder/Data Subject to the NAC for the pursuit of legitimate interests of NAC Stakeholders;
  • The information is part of public record or has deliberately been made public by the Stakeholder/Data Subject;
  • Collecting the information from another source does not prejudice the NAC Stakeholder/Data Subject;
  • It is necessary for some public purpose or to protect the interests of the NAC Stakeholder/Data Subject;
  • Obtaining the information directly from the NAC Stakeholder/Data Subject would prejudice a lawful purpose or is not reasonably possible.

 

B. Information Processing

Personal information will be processed in accordance with the following principles:

  • With the consent of the NAC Stakeholder / Data Subject; or
  • If it is necessary for the conclusion or performance of a contract to which the NAC Stakeholder / Data Subject is a party; or
  • It is required by law; or
  • It protects a legitimate interest of the NAC Stakeholder / Data Subject; or
  • It is necessary for the pursuit of a legitimate interests of the NAC Stakeholder / Data Subject; and
  • The NAC reserves the right to preserve records and data comprising of personal information for historical, statistical or research purposes.

 

C. Information Disclosure

Personal Information will only be disclosed to a third party if the NAC has a duty or a right to disclose such personal information in terms of law (including the POPI Act) or any industry codes, or with the necessary consent, and where the NAC believes that it is necessary to protect the rights of the NAC.

Once the personal information is no longer needed it will be disposed of in accordance with the terms of law and industry codes.

 

6. SAFEGUARDING YOUR INFORMATION

The NAC commits to safeguard all personal information held by it from unauthorized usage.

We are legally obliged to provide adequate protection for the personal information we hold and to prevent any unauthorized access and or use of such personal information.

The NAC will continuously review its security controls and processes to ensure that personal information remains secure.

 

7. OUR PRIVACY POLICIES AND PROCEDURES INCLUDE:

  • Physical security;
  • Computer and network security;
  • Access to personal information;
  • Secure communications;
  • Security in contracting out activities;
  • Retention and disposal of information;
  • Acceptable usage of personal information;
  • Governance and regulatory issues;
  • Monitoring access and usage of private information;
  • Investigating and reacting to security incidents;
  • When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information is kept secure;
  • Access and correction of personal information;
  • Data Subjects have the right to access, update, correct or delete the personal information the NAC holds relating to them; and
  • Once a data subject objects to the processing/holding of their personal information, the NAC may no longer process said personal information.

 

8. ACCESS AND CORRECTION OF PERSONAL INFORMATION

Please contact our Information Officer, Itumeleng Sikosana at info @nac.org.za if you have any queries about this notice, need further information about our privacy policies, wish to withdraw consent, exercise preferences or access or correct your personal information.

 

9. THE SA INFORMATION REGULATOR

Please note that you have the right to lodge a complaint with the SA Information Regulator.

The Information Regulator (South Africa)
P.O. Box 31533, Braamfontein
27 Stiemens Street Braamfontein 2017
The Information Regulator (South Africa)
E-mail:  complaints.IR@justice.gov.za.

DISCLAIMER 

By providing such information as described above, a person thereby consents that such information may be collected, collated, processed, stored, used and disclosed in accordance with this declaration and the provision of the POPI Act.

 

Issued by the National Arts Council of South Africa

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