Protection of Personal Information Act, 2013 (Act No. 4 of 2013)

Notices

Information Regulator

Notice in terms of Section 37(1) of the Act (POPIA) Exemption

Road Traffic Infringement Agency

Notice No. 3923 of 2023
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Notice No. 3923

29 September 2023

GG 49379

 

National Treasury

 

N3923 information regulator logo

 

1. In terms of the provisions of section 37(1) of POPIA, the Information Regulator (Regulator) gives notice that the Regulator grants exemptions to Road Traffic Infringement Agency (responsible party), from compliance with section 11(3)(a) and section 24 of POPIA. The exemption authorises the responsible party to process personal information in breach only of the relevant provisions in two (2) of the eight conditions for lawful processing of personal information, under the circumstances outlined hereunder.

 

2. The responsible party is a public body whose main business is to administer the procedure to discourage the contravention of road traffic and road transport laws, manages the National Contravention Register (NCR) on which all road traffic violations namely: infringements and offences for issuing authorities are recorded. The responsible party assists to combat, prevent, detect, investigate, and prosecute crimes in South Africa. The responsible party also enforces penalties imposed against persons contravening road traffic laws and provide specialised prosecution support services to National Prosecuting Authority (NPA).

 

3. The Regulator found that the processing of personal information of data subjects by the responsible party is in breach of—
3.1. Section 11(3)(a) to the extent that the responsible party may not allow data subjects to object to the processing that is necessary for the proper performance of a public law duty by a public body (law enforcement agencies) and
3.2. Section 24 of POPIA to the extent that the responsible party may not accede to the request to destroy or delete the information that is under criminal proceedings and the infringement information that is in the National Contravention Register that would jeopardise the attainment of justice.
3.3. The exemption from compliance is granted and applies in terms of these sections only.

 

4. Grounds for granting of exemption by the Regulator—
4.1. The grounds for exemption from compliance in terms of section 37(1)(a); section 37(2)(b) and section 37(2)(c) apply.
4.2. The Regulator is satisfied that, in the circumstances of the case, the public interest in the processing, which includes ‘the prevention, detection and prosecution of offences; and the important economic and financial interest of a public body’; outweighs, to a substantial degree, any interference with the privacy of the data subject that could result from such processing.

 

5. The effects of the exemption are:
5.1. To exempt the responsible party from compliance with section 11(3)(a) (objection to processing) and section 24 (correction of personal information) of POPIA during the prevention, detection, investigation, and prosecution of offences; and the important economic and financial interest of a public body when processing personal information in terms of POPIA.

 

6. Where appropriate, agreements ensuring that personal information is processed in compliance with POPIA which cover the terms of sections 20 and 21 of POPIA may need to be concluded between the responsible party and the relevant law enforcement agencies.

 

7. The Regulator grants the exemption to the responsible party on the following conditions imposed in terms of section 37(3):
7.1. The responsible party must secure and protect the personal information of data subjects in compliance with section 19 of POPIA and
7.2. The responsible party remains bound by any other conditions for the lawful processing on personal information that may apply in terms of a Guidance Note to be issued by the Information Regulator on surveillance by CCTV camera.

 

8. A copy of this exemption notice will be made available on the Regulator’s website, alternatively, a request for a copy can be made by addressing correspondence to email address: [email protected].