supermarkets, banks, hotels were required to take temperature readings and
record relevant personal information of clients.40 For instance, Botswana
required under Restrictions on Meetings, Societies, Gatherings that for
purposes of contact tracing, a host must maintain a register containing the
personal details and contact details of all persons accessing the premises. This
information shall be open for inspection by the Director of Health Services for
the purposes of contact tracing, and by law enforcement in the case of
investigation of an offence under Emergency Powers.41 The collection of
personal data presented a huge risk to health-related data of consumers and
the public as many of these public and private entities did not have the requisite
training and infrastructure for confidentiality.42 For Botswana and Zimbabwe the
various statutory instruments declaring the pandemic, did not have any
provisions of how the collected personal data was to be stored, and destroyed,
and how DPAs or data controllers and processors were to conduct themselves.
4.2.2 COVID-19 data storage and destruction case of South Africa
Compared to Zimbabwe which had no DPA or DP law at the time of the
declaration of COVID-19 disaster, South Africa had already enacted the
Protection of Personal Information Act of 2013 (POPIA), with an independent
and functional DPA, in this instance the Information Regulator (IR).43 The IR
oversight, appointment and removal is subjected to parliamentary processes.44
As laws regulating the COVID-19 public health emergency are temporary, data
protection mechanisms for health-related data need not be temporary. South
Africa's data protection authority, IR issued guidelines articulating data
processing parameters.45 No other country in the SADC region had similar
pronouncements. Even without data protection law or authorities, the ministries
of health in all the countries acted as a sector specific public data controller
responsible for other private and public data processors and must have issued
health-related data processing guidelines concurrently with the public health
standards and measures.
This was done manually with basic thermometers, infrared temperature readings or mobile applications such as Quick Response QR codes or bar
codes used to check in to venues, hospitals, public places.
Botswana Government Gazette Directions for the Prevention of the Spread of COVID
A

G.N. No.

of

of General Data Protection Regulation processing of health data for medical purposes under art

; GN

of

; GN

of

h must be done by a professional who

is bound by professional confidentiality.
s establishment of IR; s appointment of IR under the Protection of Personal Information Act No. of
Section

b iv ; s

;s

of Protection of Personal Information Act No. of

.

Guidance Note on the processing of personal information in the Management and Containment of COVID
of Personal Information Act of

.
pandemic in terms of the Protection

.

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