What is a PoPI Act Consent Letter?

The PoPI Act Consent Form is required should you need to get consent from a data subject. PoPIA Act describes consent as any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information.

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PoPI Act Consent Sections
Chapter 6 > Prior Authorisation
  • Section 57 > Processing subject to prior authorisation
  • Section 58 > Responsible party to notify Regulator if processing is subject to prior authorisation
  • Section 59 > Failure to notify processing subject to prior authorisation
Chapter 8 > Direct Marketing, Directories & Automated Decision Making

1. In terms of section 69 of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013), the processing of personal information of a data subject (the person to whom personal information relates) for the purpose of direct marketing by means of any form of electronic communication, including automatic calling machines, facsimile machines, SMSs or e-mail is prohibited unless written consent to the processing is given by the data subject. You may only be approached once for your consent by this responsible party. After you have indicated your wishes in Part B, you are kindly requested to submit this Form either by post, facsimile or e-mail to the address, facsimile number or e-mail address as stated above.

2. “Processing” means any operation or activity or any set of operations, whether or not by
automatic means, concerning personal information, including—
(a) the collection, receipt, recording, organisation, collation, storage, updating or
modification, retrieval, alteration, consultation or use;
(b) dissemination by means of transmission, distribution or making available in any other
form; or
(c) merging, linking, as well as restriction, degradation, erasure or destruction of information.

3. “Personal information” means information relating to an identifiable, living,
natural person, and where it is applicable, an identifiable, existing juristic person,
including, but not limited to—
(a) information relating to the race, gender, sex, pregnancy, marital status,
national, ethnic or social origin, colour, sexual orientation, age, physical or
mental health, well-being, disability, religion, conscience, belief, culture,
language and birth of the person;
(b) information relating to the education or the medical, financial, criminal or
employment history of the person;
(c) any identifying number, symbol, e-mail address, physical address, telephone
number, location information, online identifier or other particular assignment to
the person;
(d) the biometric information of the person;
(e) the personal opinions, views or preferences of the person;
(f) correspondence sent by the person that is implicitly or explicitly of a private or
confidential nature or further correspondence that would reveal the contents
of the original correspondence;
(g) the views or opinions of another individual about the person; and
(h) the name of the person if it appears with other personal information relating
to the person or if the disclosure of the name itself would reveal information
about the person.

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