POPIA exclusions

This Act does not apply to the processing of personal information:

  • in the course of a purely personal or household activity;
  • that has been de-identified to the extent that it cannot be re-identified again;
  • by or on behalf of a public body
    • Which involves national security, including activities that are aimed at assisting in the identification of the financing of terrorist and related activities, defence or public safety; or
    • the purpose of which is the prevention, detection, including assistance in the identification of the proceeds of unlawful activities and the combating of money laundering activities, investigation or proof of offences, the prosecution of offenders or the execution of sentences or security measures, to the extent that adequate safeguards have been established in legislation for the protection of such personal information;
  • by the Cabinet and its committees or the Executive Council of a province; or
  • relating to the judicial functions of a court referred to in section 166 of the Constitution.
  • ‘‘Terrorist and related activities’’, for purposes of subsection (1)(c), means those activities referred to in section 4 of the Protection of Constitutional Democracy against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004).

Exclusion for journalistic, literary or artistic purposes

This Act does not apply to the processing of personal information solely for the purpose of journalistic, literary or artistic expression to the extent that such an exclusion is necessary to reconcile, as a matter of public interest, the right to privacy with the right to freedom of expression.

Journalist have their own code of ethics and conduct along with balancing domestic and international standards. This is through the nature and ambit of self-regulatory forms of supervision provided by the profession and their codes of conduct.

The main responsibility is to ensure that the personal information does not fall into the wrong hands and get used to cause harm to the data subject. The Press Code is very important in this regard. Many publications subscribe to it. It requires their journalists to strive to always avoid unnecessary harm.

Examples:

  • Disclosing corruption
  • Investigative journalism
  • Art works
  • Literary pieces
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