In terms of section 23 of POPIA, a data subject has the right to request access to their personal information held by the Railway Safety Regulator (RSR), subject to the provisions, limitations and exemptions provided for under POPIA and any other applicable legislation. Requests for access must be submitted in the prescribed manner and may be subject to applicable verification requirements and fees.
In terms of section 24(1) of POPIA, a data subject may request the RSR to correct or delete personal information in its possession or under its control where such information is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained. A data subject may also request the destruction or deletion of personal information that the RSR is no longer authorised to retain in terms of section 14.
Upon receipt of such a request, the RSR must, as soon as reasonably practicable, take the appropriate action contemplated in section 24(2), including correcting or deleting the information, providing credible evidence supporting the information, or recording that a requested correction has not been made where agreement cannot be reached. The data subject must be notified of the action taken.
The right to request deletion is provided for under section 24(1)(a) and (b) of POPIA. A data subject may request the deletion of personal information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawfully obtained, or the destruction or deletion of information that the RSR is no longer authorised to retain in terms of section 14.
The right to deletion is, however, subject to the RSR’s legal and regulatory obligations. In terms of section 14 of POPIA, personal information may be retained where retention is required or authorised by law, reasonably required for lawful purposes relating to the RSR’s functions or activities, required by contract, or where the data subject has consented to the retention.
In terms of section 55 of POPIA, the Information Officer is responsible, among other things, for encouraging compliance with the conditions for lawful processing of personal information, dealing with requests made to the RSR under POPIA, working with the Information Regulator in relation to investigations, and otherwise ensuring compliance with POPIA. Section 56 further provides for the designation of Deputy Information Officers where necessary. Where applicable, requests relating to personal information may be directed to the Information Officer or designated Deputy Information Officer.
Information Officer: Chief Executive Officer
Name: Mr. Brian Monakali
Organisation: Railway Safety Regulator (RSR)
Email: Brian.monakali@rsr.org.za
Physical Address: RSR Head Office, Building 4, Waterfall Point Office Park, Cnr Waterfall and Woodmead Drive, Waterfall City, Midrand
Deputy Information Officer: Acting Executive: Legal Services
Name: Ms. Koliswa Sheburi
Email:Koliswas@rsr.org.za
Organisation: Railway Safety Regulator (RSR)
Physical Address: RSR Head Office, Building 4, Waterfall Point Office Park, Cnr Waterfall and Woodmead Drive, Waterfall City, Midrand
In accordance with section 14(1) of POPIA, records containing personal information must not be retained for longer than is necessary to achieve the purpose for which the information was collected or subsequently processed, unless an applicable exception permits or requires longer retention. These exceptions include retention required or authorised by law, retention reasonably required for lawful purposes related to the RSR’s functions or activities, contractual retention requirements, or consent by the data subject.
Where the RSR is no longer authorised to retain personal information, section 14(4) requires the information to be disposed, deleted or de-identified as soon as reasonably practicable. Any disposal or deletion must be carried out in line with the National Archives and Records Service of South Africa Act (Act No. 43 of 1996, as amended) in a manner that prevents the information from being reconstructed in an intelligible form.
