POPIA Privacy Notice

• This is a general notice that explains:
• We collect personal information from;
• Personal information we collect;
• We collect your personal information;
• We use your personal information; and
• Rights you have in relation to your personal information.

This notice also explains:

• You can access the information we hold about you and ask for that information to be corrected; and
• You can make a complaint about the way we have handled your personal information.

This general notice applies to all persons (both natural and juristic, like companies and close corporations) whose personal information we collect, regardless of form and medium. This includes our employees, consultants, agents, service providers and municipal delegates.

It applies to all our services and related websites.

You must read this privacy notice together with the rules for using our website (including our disclaimer), our copyright licence and any other notices and policies that may apply to you. (For example, the WCG IT End User Policy).

In addition to this general notice we may need to explain specific privacy practices in more detail. In such circumstances, we develop and provide separate privacy notices to describe how we will handle the personal information that we collect.

For example, where we ask you to provide personal information in relation to your employment or in a public submission to a policy proposal, we will provide you with a privacy notice at the time of collection or as soon as practicable afterwards. These privacy notices explain our personal information handling practices in relation to that particular purpose or activity.

Our contact details are at the bottom of this notice.

The Protection of Personal Information Act, 2013 (POPIA) protects personal information of natural and juristic persons and requires Provincial Treasury to comply with the eight minimum conditions set out in the Act.

Personal information is information or an opinion about an identified person, or an individual who is reasonably identifiable.

Personal information includes special personal information, which is a particular category of personal information. While we recognise that protecting all personal information is important in gaining and maintaining your trust, special personal information is often afforded a higher level of protection.

We collect and hold a broad range of personal information in records relating to:

• Correspondence from members of the public or organisations addressed to us or our Provincial Minister;
• Correspondence from other Provincial Ministers and organs of state;
• Employment and personnel matters relating to staff and contractors;
• Facilitating appointments;
• Facilitating meetings;
• Administering programs for which Provincial Treasury is responsible;
• Research we have commissioned;
• Contract management;
• Complaints (including privacy complaints) and feedback provided to us;
• Requests under the Promotion of Access to Information Act, 2000 (PAIA);
• Legal advice provided by internal state law advisors and external lawyers; and
• The performance of legislative and administrative functions.

We collect personal information in a variety of ways. These include:

• Correspondence and submissions;
• Paper-based forms;
• Online (web-based forms and e-mail); and
• Phone calls, faxes and face to face meetings.

We often collect personal information directly from you. However, in some circumstances we may also collect information about you from another organ of state or organisation.

• Certain third-party service providers may collect or check information from or about you on our behalf. For example, where we use external employment agencies, vetting agencies, credit bureaus, lawyers, accountants, consultants, professional bodies, banks, travel agencies, non-government organisations and security companies.
• We work with public bodies or organs of state such as local, provincial and national government departments, municipalities, public universities and state-owned companies, which may collect or check information from or about you on our behalf.
• We only collect personal information where that information is reasonably necessary for, or directly related to, one or more of our functions or activities.

We collect personal information from and about:

Visitors to our website:

• We collect information that you give to us directly via our website contact forms.
• We also use common technologies (including ‘cookies’) to anonymously and automatically track website use and improve user experience. You can usually disable these if you prefer. Our website privacy notice has more information.

Our job applicants, bursary applicants, intern applicants and employees:

• We collect information from you when you apply for a job, internship or bursary and if you are successful and we employ you, give you an internship or a bursary.
• We may also collect information about you from third parties, like educational bodies or previous employers.
• We also collect information about employees’ and interns’ use of email and the internet to monitor and review e-mail and internet activity, where we believe it is reasonable and necessary to detect abuse or unlawful activity on the department’s resources. You cannot expect privacy in this regard.

Users of our old intranet or new intranet:

• We collect information you give us directly via contact or feedback forms.
• We also use common technologies (including ‘cookies’) to track use and improve user experience. Only employees can access the intranet, so we can identify intranet users. Our intranet privacy notice has more information.

Our suppliers, service providers, contractors and consultants:

• We collect information from you when you apply to be listed on our supplier database and bid to supply goods or services to us.
• We may also collect or check information about you from various private or public bodies, such as banks or tax authorities.

Our citizens and users of Provincial Treasury public services and facilities:

• We collect information you give us when you send us a letter, an email or text message, or when you use social media or our call centre to contact us.
• We also collect personal information when it is directly relevant to the specific public services we provide to you.

We also collect information from visitors to our buildings and facilities in terms of the Control of Access to Public Premises and Vehicles Act, 1985.

The personal information we collect and hold varies depending on what we need to perform our functions and responsibilities. It may include:

• Your name, address and contact details (for example your phone number or email address);
• Information about your identity (such as date of birth, country of birth, passport details, visa details and driver's licence);
• Information about your personal circumstances (for example age, gender, marital status and occupation);
• Information about your financial affairs (for example payment details, bank account details, and business and financial interests);
• Information about your employment (for example applications for employment, work history, referee comments and remuneration); and
• Government identifiers.

We do not necessarily collect all of this information from every person but only where it is necessary.

Special personal information

We may also collect ‘special personal information’ which is a subset of personal information under the POPIA.

Special personal information includes information about the following:

• Your health;
• Your membership of a professional or trade association, or a trade union;
• Your racial or ethnic origin;
• Criminal activities you may have been involved in; and
• Your biometrics (including photographs and voice or video recordings of you).

Generally, we will only collect special personal information if its collection is reasonably necessary for, or directly related to, one or more of our functions or activities or the collection is required or authorised by law.

For example, we collect special personal information such as race and disability to inform the development of a workforce plan. We require employees to complete the EEA 1 form prescribed by the Employment Equity Act, 1998. We ensure that the contents remains confidential and only use the information to comply with previously mentioned act.

We collect general personal and contact information about our employees, suppliers and users of our public services and facilities. 

• Job applicants and employees: We usually collect detailed personal information about your educational, employment, financial and criminal background, and any other relevant information such as images of you, fingerprints, drivers licence details, vehicle registration number, tax number and bank account details. If we employ you we will also allocate you a unique identifier called a PERSAL number. We may also need further information about matters such as health issues and family members, where relevant to the employment relationship.
• Suppliers, service providers, contractors and consultants: We often collect detailed personal information about your qualifications, experience or suitability as a supplier, and other relevant information such as bank account details and VAT number. We may also need further information relevant to the business relationship, such financial statements or information about solvency.
• Visitors to our buildings and facilities: We usually collect close circuit television (CCTV) images (and audio recordings, where applicable) of visitors to Provincial Treasury buildings and facilities, as well as names, identity numbers and contact details.

Business Information and Data Management

• To control access and safeguard resources (this includes people, property, information and assets).
• To manage records required by the Public Service Act, 1994, Provincial Archives and Records Service of the Western Cape Act No. 3 of 2005, and the Minimum Information Security Standards.
• To enable the department to perform its functions as required by the Local Government: Municipal Finance Management Act, 2003 and the Public Finance Management Act, 1999.

Chief Financial Officer

• To verify claims from Senior Managers for use of cell phones/tablets
• To audit compliance to adherence to financial prescripts.
• To manage the allocation of performance bonuses.

Financial Governance

• To review skills and competencies of audit committee members for the Municipal Governance Review and Outlook (MGRO). 
• To review skills and competencies of Budget Treasury Office officials to determine skills gaps within the Budget Treasury Office.

Fiscal Policy

To appoint members to the Western Cape Gambling and Racing Board (WCGRB). 

Local Government Accounting

To issue Municipal Delegates with assessment certificates.

Local Government Budget Office

To arrange training/workshops and to issue certificates.

Local Government Supply Chain Management (SCM)

• To measure, monitor and assess Municipal SMC procedures and operations in terms of compliance to laws and regulation;
• To resolve queries, disputes and objections between municipalities and suppliers and provide guidance to both parties.

Provincial Government Budget Office

To procure service providers for the Provincial Economic Review and Outlook (PERO), Medium-Term Budget Policy Statement (MTBPS) and the Overview of Provincial Revenue and Expenditure (OPRE).

Provincial Government Supply Chain Management (SCM)

• To monitor and evaluate SCM and asset management compliance.
• To implement and develop the Western Cape supplier market to meet public sector procurement requirements.
• To prescribe, implement, assess and support the development of procurement planning and commodity strategies that meet user requirements
• To provide support and guidance to various parties.

Supporting and Interlinked Financial Systems

• To ensure the effective use of various financial management systems.
• To implement, manage and oversee financial systems and train users in accordance with their system profiles and issue certificates of competence.
• To use data collated by National Treasury on various financial management systems for effective management of the department’s functions.
• To invite, decide and award requests for quotations from active suppliers for goods and services on the E-procurement solution.
• To register suppliers on the Western Cape Central Supplier Database to do business with them.
• To process employee payments and maintain employment history and personal information on the Personal and Salary Administration System (PERSAL).
• To share personnel and salary information specific to the requirement of Provincial departments (for example monthly reports, financial reports and audit reports) mainly to prevent duplication of information.
• To procure goods and services and to maintain and manage inventory and assets.

Strategic and Operational Management Support

• To conduct an analysis on the workforce profile as required by the Employment Equity Act, 1998.
• To comply with the Public Service Act, 1994, its regulations and directives when:
  
  • Recruiting and appointing employees, contract workers and interns.
  • Allocating bursaries.
  • Managing and improving performance
  • Assessing applications to perform remunerative work outside the public service
  • Managing various benefits such as pension (including the nomination of beneficiaries), housing, leave, as well as allowances such as overtime, acting in a higher post or resettlement.
  • To comply with the Compensation for Occupational Injuries and Diseases Act, 1993 when managing injuries on duty
  • To comply with the Labour Relations Act, 1995, when managing grievances.

If you are concerned about the collection of your personal information, please ask the Information Officer about our policies, practices and procedures in this regard. 

We routinely use your personal information:

• To communicate and manage our relationship with you; 
• To provide you with  public services, as required or allowed by law;
• To manage security and access control to our buildings and facilities; and
• For record keeping and other administrative purposes, as required by law.

We will not provide your personal information to anyone else unless you consent thereto or one of the following exceptions applies:

• You would reasonably expect us to use the information for that purpose;
• It is legally required or authorised, such as by a law, or a court or tribunal order;
• It is reasonably necessary for an enforcement-related activity;
• We reasonably believe that it is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety;
• We have reason to suspect that unlawful activity, or misconduct of a serious nature, that relates to our functions or activities has been, is being or may be engaged in and we reasonably believe that it is necessary for us to take appropriate action in relation to the matter;
• It is reasonably necessary for the establishment, exercise or defence of a legal or equitable claim; or
• The information is used only for historical, statistical or research purposes and is not published in an identifiable form.

When we share your personal information with selected service providers who work on our behalf, for specific defined purposes related to public services we provide we will ensure that appropriate protections of your personal information are in place with these third parties, in accordance with our obligations under the POPIA.

We are very careful with special personal information, and where practical, we usually group personal information together as aggregated data so that individuals cannot easily be identified.

Unless we have your clear informed consent or the law clearly allows us in certain limited circumstances, we will not:

• Sell or rent personal information;
• Use your personal information for purposes that are different, unusual or unexpected in relation to the reason for collecting it in the first place; or
• Share your personal information with third parties in circumstances other than the ones we have referred to above.

Storage and data security

We respect and protect your privacy and store your personal information according to generally accepted information security practices. We take all reasonable steps to protect the personal information held in our possession against loss, unauthorised access, use, modification, disclosure or misuse. Provincial Treasury will promptly with any accidental or unauthorised disclosure of personal information.

Storage of personal information (and the disposal of information when no longer required) is managed in accordance with the Western Cape Government records management regime as provided for in the Provincial Archives and Records Service Act of the Western Cape, 2005. When the personal information we collect is no longer required, we delete or destroy it in a secure manner, unless we are required to maintain it because of a law, or court or tribunal order.

Where a breach of personal information occurs we will notify the Information Regulator and affected individuals as required. We will aim to provide you with timely advice to ensure you are able to manage any loss—financial or otherwise—that could result from the breach.

• We try to obtain your consent to collect and use your personal information, where practical.
• You do not normally have to give us personal information, but if you do not, we may not be able to communicate with or provide government services to you. You may also ask us not to send you unsolicited messages (opt-out), but then we cannot tell you about public services that may be important to you.
• You may access personal information we hold about you and ask us to correct or delete any that is wrong, irrelevant, out of date, misleading and so on. But we may check your identity before giving you access. For more information, please read our manual as required by the Promotion of Access to Information Act 2000 (our PAIA manual available here.
• You also have certain rights to withdraw consent or object to us using your personal information under POPIA, but these rights are limited. For example, if the purpose for which your personal information was requested initially does not exist anymore you may request that the information may no longer be used. We can decline your request to delete the information from our records if other legislation requires us to retain the information.

If you feel we are not dealing with your personal information fairly and lawfully, you may complain to the Information Regulator at JD House 27 Stiemens Street Braamfontein Johannesburg 2001 Tel: +27(0) 10 023 5200 Email: POPIAComplaints@inforegulator.org.za Please first give us a chance to resolve any complaint by contacting us at the details below. Your complaint should include a brief description of what happened, when it happened and what personal information was affected.

Email:  David.Savage@westerncape.gov.za

Tel:      021 483 6267

Fax:    021 483 3855

Post:  The Information Officer, Provincial Treasury, Western Cape Government, 7 Wale Street, Private Bag X9165, Cape Town, 8001

Visit us in person:    7 Wale Street, Cape Town, 8001

Phone:  0860 142 142

You can also get paper copies of this privacy notice or any of the documents referred to in this notice from 7 Wale Street, Cape Town, 8001.