- INTERPRETATION OF THIS POLICY
- “Photograph” and “video images” refer to any kind of image capture, still or moving, obtained by any photographic device including still image cameras, video cameras, webcams and photographic enabled mobile telephones, and any other type of image capture device not specified here, whether digital or not, using technology existent at this time or in the future. The processing (including storage) of such images includes film negative, film positive (e.g. transparencies and slides, movies, etc.), photographic paper, digital media, magnetic tape and any other kind of storage method able to be used for the storage of images, still or moving, available now or in the future;
- “IO” means the Information Officer of Pepkor; and
- “POPIA” means the Protection of Personal Information Act 4 of 2013.
This Policy applies to Pepkor and its employees and representatives.
- The purpose of this Policy is to set out general rules governing the capture and distribution of images and photographs of data subjects, and to give employees of Pepkor as well as Pepkor’s clients, visitors, suppliers and customers guidelines on how Pepkor handles their photographic images. This Policy applies to activities on Pepkor premises and (in certain circumstances) off-site events or trips.
- Pepkor is cognisant of the fact that there may be a potential risk to the welfare of data subjects when individual persons can be identified in photographs and/or video images. In order to minimise such risk, and to comply with the provisions of POPIA, Pepkor has developed this Policy.
- Photographs and/or video images of the employees of Pepkor as well as Pepkor’s clients, visitors, suppliers and customers are deemed special personal information in terms of POPIA. Therefore, the processing of such photographs and/or video images is subject to strict processing conditions and requires the consent (which may be in electronic format) of either the data subject concerned or in the case of minors, their legal guardian. In addition, and in line with the conditions for lawful processing of personal information set out in Chapter 3 of POPIA, the IO and/or anyone mandated by him/her to process personal information must make sure the information is:
- used fairly and lawfully;
- used for its limited, specifically stated purposes;
- used in a way that is adequate, relevant and not excessive;
- kept for no longer than is absolutely necessary;
- handled according to people’s data protection rights;
- kept safe and secure; and
- not transferred to a third party outside South Africa without consent from the data subject and adequate data protection provisions from the third party.
- This Policy is part of Pepkor’s strategy for safeguarding the rights of data subjects within our care and should be read in conjunction with our CCTV Monitoring Policy.
- GENERAL PRINCIPLES
- Data Processing and handling
Every reasonable effort must be made by Pepkor to minimise risk of inappropriate capture and distribution of photographs and video images. This includes:
- securing consent for the use of photographs and/or video images of the data subjects;
- not using photographs and/or video images of staff who have left the employ of Pepkor without their consent;
- ensuring that data subject names are not used alongside images in publically-available material without consent;
- not using photographs and/or video images of any data subject who is subject to a court order;
- storing photographs and/or video images securely and ensuring such images are accessible only by those so authorised;
- storing photographs and/or video images securely (whether physical or digital) with appropriate access controls; and
- ensuring staff of Pepkor are appropriately informed about this Policy.
- Photography and image capture within Pepkor
- Photographs and/or video images of data subjects may be captured as part of operational, security and other processes. Pepkor staff must not take or transmit any recording of data subjects acting in any official capacity at, or representing Pepkor in any manner, on any personal device, without the IO’s consent.
- Furthermore, Pepkor’s employees should also be aware that taking photographs of colleagues using personal devices should only happen with the permission of the member of staff in question.
- Images of Pepkor’s employees, clients, visitors, suppliers and customers must not be displayed on websites, in publications or in a public place, and in particular on social media platforms, such as Facebook and Instagram, without specific consent. The definition of a public place includes areas where visitors to Pepkor have access.
- Photography and image capture by others
As a general rule no client, visitor, supplier or customer of Pepkor is permitted to use a camera (including a mobile phone’s camera facility) whilst on Pepkor’s premises. In addition, Pepkor strongly advises against the publication of any photographs and/or video images on the internet (i.e. on social media), and we will request the removal of any such material if deemed illegal, harmful or inappropriate by Pepkor in any way.
It is the responsibility of IO and/or anyone mandated by him/her to support and monitor this Policy. Any concerns should be brought to the attention of the IO.
- CONSEQUENCES OF NON-COMPLIANCE
It is essential that all staff of Pepkor comply with all relevant parts of this Policy. Any failure to comply with this Policy could have serious consequences for Pepkor and its employees. Failure to comply may lead to: disciplinary action, including summary dismissal (without notice or a payment in lieu of notice) for serious or repeated breaches; civil or criminal proceedings; and/or personal liability for those responsible.
- POLICY REVISION
This Policy has been reviewed and approved by the IO, and is subject to change without prior notice.