According to the Constitution, an Act of Parliament must give
effect to these rights; being the Administration of Justice
Act. Section 3 (1) (a) of the Administration of Justice Act
provides that:

An administrative Authority which
has the responsibility or power to
take any administrative action which
may affect the rights, interests or
legitimate expectations of any
person shall-act lawfully, reasonably
and in a fair manner…
The Authority is an administrative body as defined in the
Administration of Justice Act in that it is a committee or
board appointed in terms of the Act and the Postal and
Telecommunications Act and further performs administrative
power and duties.

and up to date. Records that have inaccurate information for
instance a voter’s roll can impact on one’s right to participate
in electoral matters, but also the controller. ZEC must ensure
that the roll is updated, this duty also extends to the data
subject (the voter) to inspect and correct or update details
on the voter’s roll. Accurate data means that the personal
details are correct. Inaccurate information can be harmful.
For information to be accurate it must be regularly updated,
though accurate and updated can exist as separate elements
of data processing they are related. Updated means, if a data
subject, changes their name, or address, or a record is
expunged any database holding the initial information must
be updated or reflect the same changes. The duty to update
is not entirely of the data controller nor of the data subject,
it is a shared duty.

Section 7 (1) (c) Storage Limitation
When collected, the information must allow for the identification
of the data subject, and only kept for a necessary period and
time to allow the purposes of its collection to be satisfied,
unless other reasons exist to keep the data longer.

Quality of Data
Quality of Data is covered under Part III of the Act. Section
7 of the Act provides for several data processing principles,
and these are necessary conditions for processing or collecting
of personal information. This Section is also read in conjunction
with the definition of data controller and data processor as
that helps to understand the data processing principles.
Section 7(1)(a) Adequate, relevant and not excessive
The data must be adequate, relevant and not excessive,
meaning if the data collected is not adequate it will still be
personal data but might not be sufficient, and therefore not
relevant for the collected purposes. If more data is collected
than is required and therefore excessive, it therefore becomes
unlawful collection.

Section 7 (2) Accessibility of Data and Technical Measures
Data is usually processed using different technological
measures. These measures must allow for the data to be
accessible, meaning if given to a data subject they should
be able to read it, or anyone with lawful access is able to
process the data regardless of the technology used.

Section 7 (3) Controller delegated Authority
If any individual is given Authority to collect information for
the controller, such as a data processor, they must comply
with all provisions under Section 7. This includes people that
the data processor has contracted.

Section 7(1) (b) Accurate, and Up to date
Inaccurate data while it might not lead to identification of an
individual, might also lead to deprival of benefits to the data
subject or specific harms. The data controller has a
responsibility to ensure that the data collected is accurate,
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