Definitions

“consent” means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information;

“data subject” the person to whom personal information relates;

“operator” a person who processes personal information for a responsible party in terms of a contract or mandate, without coming under the direct authority of that party;

“personal information” 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;

“processing” 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;

“responsible party” a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information;

“special personal information” personal information as referred to in section 26;