The Employee Data Privacy Notice is a mandatory document under South Africa's Protection of Personal Information Act (POPIA), which requires organizations to be transparent about their personal information processing activities. This document must be provided to employees at the start of their employment and when significant changes occur in data processing practices. It serves multiple purposes: ensuring legal compliance with POPIA and related regulations, informing employees about their data protection rights, and establishing clear protocols for handling employee personal information. The notice must address various aspects of data processing, from initial collection during recruitment through to post-employment record keeping, including any international transfers of data and special categories of personal information. Organizations operating in South Africa must maintain and regularly update this notice to reflect current data processing practices and regulatory requirements.
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1. Introduction: Overview of the notice's purpose and importance of data protection
2. Scope of the Notice: Who the notice applies to and what types of information it covers
3. Definitions: Key terms used in the notice, aligned with POPIA definitions
4. Types of Personal Information Collected: Comprehensive list of personal information categories collected from employees
5. Purposes of Processing: Detailed explanation of why personal information is collected and processed
6. Lawful Basis for Processing: Legal grounds under POPIA for processing personal information
7. Information Sharing and Recipients: Details about third parties with whom information is shared
8. Cross-border Data Transfers: Information about international transfers of personal information
9. Data Security Measures: Overview of measures to protect personal information
10. Data Retention: How long different types of personal information are retained
11. Employee Rights: Explanation of rights under POPIA and how to exercise them
12. Information Officer Details: Contact information for the company's Information Officer
13. Updates to the Notice: Process for updating the notice and notifying employees of changes
1. Special Personal Information: Required if the employer processes special categories of personal information as defined in POPIA
2. Automated Decision Making: Required if the employer uses automated processing to make decisions about employees
3. CCTV and Monitoring: Required if workplace surveillance or monitoring systems are in place
4. Biometric Information: Required if biometric systems are used for access control or time management
5. Union Membership Data: Required if trade union membership information is processed
6. Health Information Processing: Required if employee health information is processed, particularly relevant during pandemic situations
7. Remote Working Data Processing: Required if employees work remotely and additional data processing occurs as a result
1. Schedule 1: Categories of Personal Information: Detailed list of all categories of personal information collected, organized by department or purpose
2. Schedule 2: Authorized Third-Party Processors: List of approved third-party service providers and the purposes for which they process employee data
3. Schedule 3: Technical and Organizational Security Measures: Detailed description of security measures implemented to protect employee data
4. Schedule 4: Retention Schedule: Detailed retention periods for different categories of personal information
5. Schedule 5: Employee Request Forms: Standard forms for employees to exercise their POPIA rights
6. Schedule 6: Data Breach Response Procedures: Procedures to be followed in case of a data breach affecting employee information
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