As you embark on a new journey of kicking off your very own business, you recognise the vital significance of an online presence through a website. In your pursuit of crafting the perfect website, you browse various, similar sites to gather inspiration. During this process, you come across privacy notices on these websites, although you scarcely read them. Nevertheless, you decide to have a privacy notice on your website because it appears “professional” and nearly everyone else seems to have one. However, you wonder what a privacy notice actually is as you ponder the purpose and necessity for your own project. What is a privacy notice?
A privacy notice is an essential document that informs individuals who engage with your website about how their personal data will be processed. Yes, it is mandatory to have one. Section 23 of the Data Protection Act, 2012 (Act 843) states that: “A data controller who collects data shall take the necessary steps to ensure that the data subject is aware of the purpose for the collection of the data.”
What provisions should be in a privacy notice?
- A well-drafted privacy notice must do the following:
- Describe the nature of the data being collected;
- Provide the name and address of the person responsible for the collection;
- Explain the purpose for which the data is required for collection;
- Clarify whether the provision of data by the individual is discretionary or mandatory
- Set out the consequences of failing to provide the data;
- Specify the authorised requirement for the collection of the information or the requirement by law for its collection;
- Identify the recipients of the data;
- Indicate the nature or category of the data; and
- Inform individuals of their right to access and request rectification of the data collected before the collection.
In addition to these, you can also include the following:
- How long the data is retained;
- Any of the other rights of data subjects provided for by Act 843; and
- Contact information for individuals who wish to exercise their rights and explain the procedure for doing so.
Once you have drafted the privacy notice, it is essential to prominently display it on your website, ensuring that all visitors have access to it.
Article by Courtney Heather Awotwi
