• It must be a separate legal entity or individual or
organisation with respect to the controller.
• The processing of the personal data must be on behalf
of the controller.
The data processor must not exceed their mandate as this
might make them a data controller or introduce joint data
controllership.
The above is not an exhaustive list of distinguishing a data
controller from a data processor but gives a sense of whether
one is a controller or processor. The duties of data controller
listed in Section 13 of the Act assists to determine whether
one is a controller or processor. The overall control of the
purpose for collection and means of processing of the
personal data distinguishes a controller from a processor.

identifiable individual, who is identifiable based on the
personal information collected. If one accesses the collected
personal data and is not able to identify an individual or a
person, then the information is not personal data. This is
non-personal information or data. However, collected nonpersonal data may identify an individual when the information
is combined with other details. The information becomes
personal information. Identification of a data subject can
also be direct or indirect using any of personal information
such as numbers, mental, economic or other physical
attributes15.

WHAT IS PERSONAL
INFORMATION?

The Act provides for what constitutes
personal information relating to an
identifiable data subject, and this includes16:
• the person’s name, address or
telephone number
• the person’s race, national or ethnic
Controller (ZEC)
Processor (Gore Technologies)
origin, colour, religious or political
beliefs or associations: stating that the
Decides to collect
Receives instructions to collect
person was African, without sharing
Decides the data purpose
Receives the data from someone else
their name does not identify a data
Decides the type of personal data
Directed to collect from who
subject, of course it might raise other
Decides who data subject is
Directed type of data to collect
issues of concern such as racial
profiling or discrimination
You gain, benefit from collecting
Not aware of collection purpose
•
the person’s age, sex, sexual
Does a legal duty exist, contract
You have no data disclosure Authority
orientation17, marital status or family
You make decisions based on data
Cannot decide on data storage
status
You have control on data processing Cannot decide on data end product
• an identifying number, symbol or other
You decide when data is destroyed
You are separate from instructor
particulars assigned to that person: if
assigned a particular number such as
national identity number; or patient number in hospital this
is personal information. A number can include your internet
Data Subject
protocol address
• fingerprints, blood type or inheritable characteristics:
The Act defines a data subject as ‘an identifiable person and
these are unique characteristics that identify an individual
the subject of data’. The person from whom data is
or a group of individuals such as a family
collected is the data subject. The individual must be an

CHECKLIST CONTROLLER AND PROCESSOR

15
16

17

POPIA data subject means the person to whom personal information relate.
POPIA defines personal data means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. The
major difference is the existing juristic person. The Data Protection Act does not cover legal persons as data subjects. This might be problematic as sometimes natural
persons might be legal persons for instance sole proprietors or company owners.
Sexual orientation is different from same sex marriages. The law does not criminalise being attracted to someone of the different sex or being gender non-conforming

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