A Fair Collection Notice is required under South African law whenever an organization (known as a Responsible Party) collects personal information from data subjects. This document is mandated by the Protection of Personal Information Act (POPIA) and must be provided at the point of data collection. It should clearly explain what information is being collected, why it's needed, how it will be used, who it will be shared with, and how long it will be kept. The notice must be written in clear, understandable language and should address all key aspects of data processing as required by Section 18 of POPIA. It's particularly important when collecting information directly from data subjects, when processing special personal information, or when dealing with children's personal information.
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Key Requirements PROMPT example:
Fair Collection Notice
"I need a Fair Collection Notice for a private medical clinic in Johannesburg that collects patient health records and shares data with insurance companies, to be implemented by March 2025."
1. Introduction: Identifies the responsible party (data controller) and explains the purpose of the notice
2. Types of Personal Information Collected: Details of what personal information is being collected from the data subject
3. Purpose of Collection: Explanation of why the personal information is being collected and how it will be used
4. Mandatory vs Voluntary Information: Clear indication of which information is required by law or contract, and which is optional
5. Legal Basis: The legal grounds for processing personal information under POPIA
6. Information Sharing: Details of third parties with whom the information may be shared
7. Cross-border Transfers: Information about any international transfers of personal data
8. Security Measures: Overview of measures taken to protect personal information
9. Data Subject Rights: Explanation of rights under POPIA including access, correction, and objection
10. Retention Period: How long the personal information will be kept
11. Contact Details: Information Officer's details and how to raise queries or complaints
1. Special Personal Information: Include when collecting sensitive personal information such as health data, religious beliefs, or criminal records
2. Children's Personal Information: Include when collecting information from or about children under 18
3. Direct Marketing: Include when personal information will be used for direct marketing purposes
4. Automated Decision Making: Include when automated processing or profiling is used
5. Cookie Policy: Include when collecting information through websites or online platforms
6. CCTV Monitoring: Include when video surveillance is used to collect personal information
7. Employee Data Processing: Include when the notice is specifically for employee data collection
1. Schedule 1: Categories of Personal Information: Detailed breakdown of all categories of personal information collected and processed
2. Schedule 2: Third Party Recipients: Complete list of third parties who may receive the personal information
3. Schedule 3: International Transfer Mechanisms: Details of safeguards for international data transfers
4. Appendix A: Data Subject Request Form: Standard form for data subjects to exercise their POPIA rights
5. Appendix B: Consent Forms: Specific consent forms for special categories of personal information or optional processing activities
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Relevant Teams
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Relevant Roles
Information Officer
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Risk Manager
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HR Director
Marketing Director
IT Manager
Operations Manager
Customer Service Manager
Chief Privacy Officer
Chief Legal Officer
Chief Compliance Officer
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