Authorisation concerning data subject's political persuasion
(1) The prohibition on processing personal information concerning a data subject's political persuasion, as referred to in section 26, does not apply to processing by or for an institution, founded on political principles, of the personal information of— (a) its members or employees or other persons belonging to the institution, if such processing is necessary to achieve the aims or principles of the institution; or (b) a data subject if such processing is necessary for the purposes of— (i) forming a political party; (ii) participating in the activities of, or engaging in the recruitment of members for or canvassing supporters or voters for, a political party with the view to— (aa) an election of the National Assembly or the provincial legislature as regulated in terms of the Electoral Act, 1998 (Act No. 73 of 1998); (bb) municipal elections as regulated in terms of the Local Government: Municipal Electoral Act, 2000 (Act No. 27 of 2000); or (cc) a referendum as regulated in terms of the Referendums Act, 1983 (Act No. 108 of 1983); or (iii) campaigning for a political party or cause.
(2) In the cases referred to under subsection (1), no personal information may be supplied to third parties without the consent of the data subject.
What this means for your estate
- Not typically relevant to estate operations, scoped to political parties and institutions founded on political principles processing their own members' or canvassed voters' data, not to HOAs or body corporates.
- The one adjacent scenario worth knowing about: estate-level elections for trustee positions are governed by the estate's own rules and the Community Schemes Ombud Service framework, not this section, this is specifically about national/provincial/municipal political activity.
Not a section most estates will need, PopiGuard's compliance tasks won't surface this unless political-persuasion data is actually flagged as collected.