Abstract
Why research institutions should indemnify researchers against POPIA civil liability.
Highlights
Introduction and backgroundThe research community eagerly awaits the publication of a draft Code of Conduct for Research in terms of the Protection of Personal Information Act (POPIA).[1]
Given the potential civil liability that individual researchers could face, we suggest that the Code of Conduct for Research should place a duty on research institutions to indemnify their researchers from civil liability
To use the language employed by the Durban High Court in Parekh v Shah Jehan Cinemas (Pty) Ltd, the plaintiff may ‘select his target’.4. This means that research participants whose personal information has been processed unlawfully and who intend to sue in terms of section 99 have the right to select their target from all the persons who qualify as responsible parties in terms of POPIA’s definition of responsible party
Summary
Introduction and backgroundThe research community eagerly awaits the publication of a draft Code of Conduct for Research (the Code) in terms of the Protection of Personal Information Act (POPIA).[1]. One of the essential foundational definitions in POPIA – as a general concept, and in the context of duties and potential liability – relates to the person that controls and directs the processing of personal information: a ‘responsible party’.1 the purpose of this Commentary is to analyse this concept and outline certain areas in relation thereto that the Code ought to provide clarity and guidance on.
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