Confirming Employment & POPI

Confirming Employment & POPI

Legislation

The Protection of Personal Information (POPI) Act was created to ensure that all organisations in South Africa behave in a responsible manner when gathering, processing, storing and distributing another individual’s personal information. Organisations will be held accountable if there is abuse of any type of personal information.

Failure to comply with this legislation will result in fines of up to R10 million and/or up to 10 years in jail time for some offences. This right to protection of personal information does not only apply to individuals but any legal entity, including businesses and communities.

As an employer, you will often be required to confirm employment for loans; accounts and/or references. You will further be required to share personal information for the purpose of processing payroll, managing medical aids and/or post-retirement benefits and in dealing with government agencies. In terms of the POPI Act it important that you have obtained permission from the individual concerned before disclosing any confidential information otherwise you could be in contravention of the Act. This includes all details relating to the employee’s employment with you.

For more information and/or if you require the relevant HR related POPI documentation please contact [email protected].