Does POPIA apply to journalists? If POPIA does not apply to you then what must you consider when processing personal information? These are two important questions to ask if you are a journalist that has concerns about the personal information you are processing.
POPIA provides exclusions relating to journalists. POPIA does not apply:
- when someone processes personal information solely for the purposes of journalistic, literary, or artistic expression; or
- if you process personal information for exclusively journalistic purposes and a code of ethics, that adequately protects personal information, applies to you.
These exclusions raise many questions on the side of the media and its responsibility to protect personal information. These exclusions have limitations and as a journalist, you need to ensure you proceed carefully. As a result, you must always balance the right to privacy and the right to freedom of expression.
These exclusions apply to you processing the information for journalistic purposes. However, you may process personal information for other purposes, and in those cases, POPIA will apply. For example, POPIA applies to journalists or media houses when you process your employees’ HR information.
If a code of ethics applies to you, as POPIA mentions in the second exclusion, you need to ensure you comply with it. The code must also provide adequate safeguards for processing personal information otherwise someone may challenge it.
The Press Code
Is the Press Code a code of ethics with adequate safeguards?
The Press Code applies to journalists, or rather their media houses, that subscribe to, “The Code of Ethics and Conduct for South African Print and Online Media” (Press Code). According to POPIA, a code of ethics that governs the media needs to provide adequate safeguards for the protection of personal information. The Press Code could be an example of a code of ethics if it has adequate safeguards in place.
POPIA compared to the Press Code
The latest version of the Press Code came into effect on 1 January 2020 and speaks to the protection of personal information. The Press Council update the code almost annually to ensure it remains current. Section 4 sets out the safeguards for the protection of personal information. It contains a variety of obligations for its subscribers and provides rights for data subjects.
The Press Code requires journalists, that have subscribed, to:
- protect personal information from misuse, loss and unauthorised access;
- ensure personal information they gather is accurate, reasonably complete and up to date;
- take steps to verify the accuracy of the information and, if necessary, amend it at a data subject’s request;
- only disclose sufficient personal information to identify the person they are reporting on. Any unnecessary information may enable others to intrude on a data subject’s privacy and safety; and
- inform the affected data subject(s) where they reasonably suspect a breach has occurred, and take reasonable steps to reduce any prejudicial effects.
POPIA has similar conditions for the processing of personal information and more. These safeguards are a good start for the Press Code.
Press Council’s position
The Press Council published a guidance note on POPIA where they state that:
The Press Council of SA is satisfied that the Press Code is compliant with the provisions of POPIA compliant read with the Constitution of RSA, 1996 and that it
contains the required provisions and safeguards
Consequently, media groups should focus on complying with the Press Code, if they subscribe to it. At least in terms of processing personal information for exclusively journalistic purposes.
However, if you disagree with the Press Council, POPIA allows for you to challenge the code if you have concerns about the adequacy of its safeguards. In that case, the Information Regulator will need to consider a variety of factors. But the main emphasis would be on the careful balancing of rights between the right to privacy and the right to freedom of expression.
Furthermore, if any subscriber fails to comply with the Press Code, you can lodge a complaint against them or ask us to assist you.
POPIA will apply to journalists where they process personal information for non-journalistic purposes
As a journalist, you likely process personal information from a variety of sources with journalistic purposes in mind. These may include the subject matter of your publications, your subscribers or audience, and any sources that provide you with information. While you may not always publish any of this personal information, it is still important for you to protect it under the relevant code of ethics.
On the other hand, you do not process all of this personal information solely for the purpose of journalistic expression. You collect a variety of information from external sources. Employee information is an important category to consider. POPIA will govern your processing of employees’ personal information. Therefore, POPIA will apply to journalists for this component of their processing.
Employees’ personal information may contain medical, financial, criminal, or employment history. A lot of this information would be regarded as special personal information. This is significant as POPIA has additional requirements when it comes to processing these types of information.
How we can help you?
We can:
- Review and give our opinion on the code you subscribe to and whether it complies with POPIA.
- Draft a code of conduct for you and assist you in applying to the Information Regulator to have it approved.
- Help you comply with POPIA and improve your understanding of data protection law as it relates to employees by joining our programme or attending an online data protection workshop.
- Increase your understanding of when POPIA might apply to you as a journalist.
- Ensure you comply with the Press Code and have adequate safeguards in place.
- Map your activities to help you determine whether your code or POPIA applies.
Interested?
If you are interested, please complete the form on the right or enquire now. We will contact you to find out more about your requirements and give you a quote.
