ARTICLE · 06 AUGUST 2020

Liability Of Employers Under POPIA

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POPIA gives a broad definition of ‘responsible party' but ultimately this is any person who determines the purpose of and means for the processing of the personal information of data subjects,...

South AfricaPrivacy

Tereza Tabacks

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Most employees, whether they are aware of it or not, process personal information on a daily basis as contemplated in the Protection of Personal Information Act, 4 of 2013 ("POPIA"). This then begs the question - can an employer be held liable for the actions of one of their employees should the employee infringe upon a person's privacy rights in terms of POPIA? The harsh reality, by virtue of POPIA, is yes. The employer can be held vicariously liable in terms of POPIA.

Vicarious liability is a well-established common law principle in which an employer can be held liable for the acts committed by its employee if those acts were committed in the course and scope of that employee's employment.

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