POPIA - The Protection of Personal Information Act, 2013 | Western Cape Education Department
POPIA - The Protection of Personal Information Act, 2013

This is a 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
  • 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, service providers and municipal delegates.

It applies to all our services and related websites.

You must read this privacy notice together with the rules for using our website (including our disclaimer), our copyright licence and any other notices and policies that may apply to you. (For example, the WCG IT End User Policy).

In addition to this general notice, we may need to explain specific privacy practices in more 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 a public submission to a policy proposal, we will provide you with a 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 Protection of Personal Information Act, 2013 (POPIA) protects personal information of natural and juristic persons and requires Provincial Treasury 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 reasonably identifiable.

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

Link to Act: Protection of Personal Information Act, 2013

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

  • Correspondence from members of the public or organisations addressed to us or our Provincial Minister;
  • Correspondence from other Provincial Ministers and organs of state;
  • Employment and personnel matters relating to staff and contractors;
  • Facilitating appointments;
  • Facilitating meetings;
  • Administering programmes for which the WCED is responsible;
  • Research we have commissioned;
  • Contract management;
  • Complaints (including privacy complaints) and feedback provided to us;
  • Requests under the Promotion of Access to Information Act, 2000 (PAIA);
  • Legal advice provided by internal state law advisors and external lawyers; and
  • The performance of legislative and administrative functions.

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

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

We often collect personal information directly from you. However, in some circumstances, we may also collect information about you from another organ of state or organisation.

  • Certain third-party service providers may collect or check information from or about you on our behalf. For example, where we use external employment agencies, vetting agencies, credit bureaus, lawyers, accountants, consultants, professional bodies, banks, travel agencies, non-government organisations and security companies.
  • We work with public bodies or organs of state such as local, provincial and national government departments, municipalities, 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 our website contact forms.
  • We also use common technologies (including ‘cookies’) to anonymously and automatically track website use and improve user experience. You can usually disable these if you prefer. Our website privacy notice has more information.

Our job applicants, bursary applicants, intern applicants and employees:

  • We collect information from you when you apply for a job, internship 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 email and the internet to monitor and review 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 Intranet

  • We collect the information you give us directly via contact or feedback forms.
  • We also use common technologies (including ‘cookies’) to track use and improve user 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 the Western Cape Education Department public services and facilities:

  • We collect the information you give us when you send us a letter, an email or text message, or when you use social media or our call centre to contact us.
  • We also collect personal information when it is directly relevant to the specific public services 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 Vehicles Act, 1985.

The personal 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 email address);
  • Information about your identity (such as date of birth, country of birth, passport details, visa details and driver's licence);
  • 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 applications 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 where 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;
  • 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 authorised by law.

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

We collect general personal and contact information about our employees, suppliers and users of our public services 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, drivers licence 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 relationship.
  • 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 financial statements or information about solvency.
  • Visitors to our buildings and facilities: We usually collect close circuit television (CCTV) images (and audio recordings, where applicable) of visitors to Provincial

Treasury buildings and facilities, as well as names, identity numbers and contact details.

Programme 1

Administration

  1. Reorganisation of functions
  2. Delegation of Powers
  3. Planning
  4. Office instructions and codes
  5. Organisational Performance Systems
  6. Annual publications on measuring a set of outcome indicators within the key
    1. policy thematic areas; and
    2. governance indicators
  7. Reports
  8. Assessment reports submitted to Cabinet on the WCG communication environment
  9. Statutory reports submitted to Provincial Treasury
  10. Policy and Strategy
  11. Assessment report on the alignment /non-alignment of the Department’s APP to the Provincial Strategic Plan (PSP)
  12. Progress report submitted to Cabinet on the implementation of the PSP.
  13. Policy and strategy papers in response to national and provincial strategic imperatives
  14. Strategic Management Information
  15. Consolidated reports on key partnerships and engagements
  16. File plans
  17. Register of incoming and outgoing items
  18. Register of files
  19. Disposal Authorities

People Management Practices

  1. Organisational Development
  2. Departmental
    1. organisational behaviour reports;
    2. business process reports;
    3. organisation design reports
  3. Transversal service delivery intervention reports
  4. Provincial Training Institute
  5. People Management Practices
  6. Posts Control
  7. Conditions of Service
  8. Vacancies and Appointments
  9. Termination of Service
  10. Qualifications, Training and Skills Development
  11. Staff movement
  12. Staff control
  13. Employee relations
  14. Employee Health and wellness
  15. Behaviour Dynamics
  16. WCED Call Centre

Internal Financial Management

  1. Budget
  2. Accounting responsibility
  3. Expenditure
  4. Banking Arrangements
  5. Funds
  6. Corporate Assurance
  7. Internal Audit
  8. Audit reports
  9. Equipment and Furniture
  10. Salary files
  11. Asset register
  12. S&T claims
  13. Financial statements and reports
  14. BAS (Basic Accounting Systems

Supply Chain Management

  1. Procurement
  2. Provisioning
  3. Asset management
  4. Quotations
  5. Minutes of tender committee meetings
  6. Tender contracts
  7. Maintenance files: IT infrastructure
  8. Database of suppliers
  9. Tender evaluation reports

Internal Facilities Management

  1. Buildings and Grounds
  2. Telecommunication services
  3. Occupational Health and Safety
  4. Housing matters

Internal Travel and Transport Services

  1. Transport

Internal Information Services

  1. Internal records management
  2. Library management
  3. Information management
  4. Knowledge management
  5. Internal security matters
  6. Centre for e-Innovation

Communications

  1. Internal communications
  2. Better Together magazines
  3. Speeches
  4. Awareness Programmes
  5. Social matters
  6. Participation in events
  7. Publications
  8. Contact details

External Relations

  1. Networking
  2. Statutory Intergovernmental Structure Support
  3. International Co-operation Agreements
  4. Quarterly reports on strategic international engagements
  5. Departmental | Provincial Protocol matters

Head of Department Support

  1. Operational support
  2. Parliamentary issues
  3. Issue Management System
  4. Special Programmes and Projects

Human Rights Support

  1. Policy
  2. Reports

Statutory and Regulatory Framework | Legislation

  1. National Constitutional Framework
  2. International Legislation
  3. National Legislation
  4. Western Cape Provincial Legislation

Programme 2

Public Ordinary School Education

TBC

Statutory and Regulatory Framework | Legislation

  1. National Constitutional Framework
  2. International Legislation
  3. National Legislation
  4. Western Cape Provincial Legislation

Programme 3

Independent School Subsidies

TBC

Statutory and Regulatory Framework | Legislation

  1. National Constitutional Framework
  2. International Legislation
  3. National Legislation
  4. Western Cape Provincial Legislation

Programme 4

Public Special School Education

TBC

Statutory and Regulatory Framework | Legislation

  1. National Constitutional Framework
  2. International Legislation
  3. National Legislation
  4. Western Cape Provincial Legislation

Programme 5

Early Childhood Development

TBC

Statutory and Regulatory Framework | Legislation

  1. National Constitutional Framework
  2. International Legislation
  3. National Legislation
  4. Western Cape Provincial Legislation

Programme 6

Infrastructure Development

TBC

Statutory and Regulatory Framework | Legislation

  1. National Constitutional Framework
  2. International Legislation
  3. National Legislation
  4. Western Cape Provincial Legislation

Programme 7

Examination and Education Related Services

TBC

Statutory and Regulatory Framework | Legislation

  1. National Constitutional Framework
  2. International Legislation
  3. National Legislation
  4. Western Cape Provincial Legislation

We routinely use your personal information:

  • To communicate and manage our relationship with you;
  • To provide you with  public services, as required or allowed by law;
  • To manage 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 authorised, such as by a law, or a court or tribunal order;
  • It is reasonably necessary for an enforcement-related activity;
  • We reasonably 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;
  • We have reason 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 protections of your personal information are 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 your clear informed consent or the law clearly allows us in certain limited circumstances, we will not:

  • Sell or rent personal information;
  • Use your personal information for purposes that are different, unusual or unexpected in relation to the reason for collecting it in the first place; or
  • 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 your privacy and store 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.

Storage of personal information (and the disposal of information when no longer required) is managed in accordance with the Western Cape Government records management regime as provided for in the Provincial Archives and Records Service Act of the Western Cape, 2005. 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 affected individuals 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.

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 send 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 manual as required by the Promotion of Access to Information Act 2000.

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 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.

If you feel we are not dealing with your personal information fairly and lawfully, you may complain to:

The Information Regulator
JD House
27 Stiemens Street
Braamfontein
Johannesburg 2001
Tel: +27(0) 10 023 5200
Email: complaints.IR@justice.gov.za.

Please first give us a chance to resolve any complaint by contacting us at the details below. Your complaint should include a brief description of what happened, when it happened and what personal information was affected.

Head of Department - Information Officer
Mr Brent Walters
Tel: +27 21 467 2536
E-Mail: eduhead.eduhead@westerncape.gov.za
 
Deputy Information Officers - TBC

Post:  The Information Officer, Western Cape Education Department, Private Bag X9114, Cape Town, 8000

Visit us in person: The Information Officer, 1 North Wharf Square, 2 Lower Loop Street, Foreshore, Cape Town, 8001

Phone:  021 467 2000

You can also get paper copies of this privacy notice or any of the documents referred to in this notice from The Information Officer, Western Cape Education Department, Private Bag X9114, Cape Town, 8000