Residential Guidebook Residential Guidebook 2015 | Page 27

electronically, whether in the cloud or on the landlord’s own Information Technology systems. The landlord must protect a tenant’s personal information in the landlord’s custody by adopting safeguards to prevent unauthorized access, use, disclosure, loss, destruction, copying or modification of any personal information. A landlord must tell the tenant how their personal information has been used and to whom it has been disclosed. POPI is quite clear that the tenant’s consent needs to be obtained before disclosing personal information to third parties (with certain exceptions, such as state security). To conclude, non-compliance with POPI can lead to claims for civil damages (including punitive damages), administrative fines of up to R10 million or criminal prosecution where unlimited fines and imprisonment of between one and 10 years are prescribed. www.reimag.co.za A few principles on which POPI operates require that personal data shall: 1 2 3 4 5 Only be stored by the data controller to the extent necessary to achieve the purpose for which the information was explicitly collected; Only be stored in such a manner that the storage does not intrude on the privacy of the data subject to an unreasonable extent; Be adequate, relevant and not excessive for those purposes; Be used for a lawful purpose only; Not b