The 10,000 Best Forum Posts on the Internet Right Now! (Part 1)

I know some folk around here spoke quite highly of 22seven, does it support manual transactions? I can’t seem to find anything.

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You can always use your trackpad… So no excuses, get back to work!

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Yes it does. However I haven’t used it in a long time.

FNB also now has all the budget stuff in the app. It’s missing some of the functionality that 22seven has but you can see where your money is going. So if you are with FNB, give it a try.

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Im looking for some opinions legally :smiley: although im 99% confident I am correct, and my googling is also showing nothing of relevance to POPI itself, and only shows RICA related.

So, I took a video of a conversation (i was advised to do so so that it can not later be claimed that i acted unlawfully…i was confronting a trespassesr/squatter on/near my unit) between myself and a lady. This happened on a saturday morning on the common ground of the complex I stay at.
NOW. She has claimed to the managing agent (and they seem to agree with her, ) that she wasnt aware of the video (despite looking into camera multiple times) and wants it removed (they are requesting/instructing me citing the popi act that she did not consent to video therefore its unlawful and must be removed).
Now I know the RICA act. I was party to the conversation therefore it has my consent, south africa is a 1party consent area. so i dont need HER consent to record the conversation (rica doesnt differentiate between audio and video). Also made no attempt to HIDE taking the video, but even then…1 party consented to recording (me) so HER consent is optional.

My understanding of POPIA is also that it only refers to private info you hand out. Since we had a public open convo it surely doesn’t even come into place

Any combo of popi /recording conversation/take video google searched i try shows up NOTHING with regarding to POPI, and only speaks of the RICA act.

Does anyone have an opinion on this or can tell me with sources that I’m in the wrong here? I did tell them that despite the video being 100% legal according to RICA, I will comply and remove it from google drive which i uploaded only to share with them and with her at her own request (she phoned yesterday demanding to know why i took video and then demanded to have it sent to her). I said I am NOT deleting it from my devices as they request.

Thoughts gang? whos a lawyer :stuck_out_tongue:

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i am inclined to agree with you on what you have found online.
https://www.paddocks.co.za/paddocks-press-newsletter/qa-2020-11/

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Thanks, will give that a looksee.

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Certainly not a lawyer, but I’ve sat though feckin days of POPI training, I don’t see how POPI is relevant at all. If I were you, I’d tell them that you’re awaiting the laywer’s writ.

EDIT:

When can you record a conversation without consent?

The Act sets out certain exceptions to the abovementioned rule. In terms of Section 4 of the Act, you may record a conversation without consent if:

  • you are a party to the conversation;
  • you have the prior written consent of at least one of the parties to the conversation; or
  • the conversation relates to, or occurs in the course of, the carrying on of your business.
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Yea, and thats exactly what I find. Thats RICA. They’re citing POPI…and I can’t find ANYTHING about POPI that relates to recording video of someone…but it does bolster my feeling that I am right here by the fact that you guys are replying in this way :slight_smile:

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“POPI” will become the new “CPA”, where everyone is a legal specialist and entitled to their own ways. Once people realise it only really applies to data storage and the use thereof, they will continue with normal life. You should ask this lady if she’s audited her data and information usage at her cellphone network provider, bank or any healthcare providers she’s ever visited before. Hell, even her own government… Chances are there’s more way more sensitive data there that violate POPIA for which she can go on a burning crusade for. Just disclose what information you have of her, what you propose to do with the information and agree that you will destroy it once its served its purpose.

(I’m not a lawyer, but I deal with loads of data and systems in industries that are very much affected by POPIA)

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Thanks @FarligOpptreden Now I don’t have to write it out - I agree fully with you. @Mottamort you are in the right to record the convo.

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Well I disclosed info i have of her by providing her with the entire video as well as the managing agent (since i felt they needed to be involved since it dealt with trespassing violation of a complex they oversee, and did it in spirit of transparency so they can see how i acted too). I did not make it PUBLIC. I declared that i had done so to cover myself in the event that i was accused of having actted unlawfully (at one point when i told her i own the unit on the schematic, and offered to show her the picture of schematic on my phone, i took 1 step towards her and she yelled “get back, stay away from me”. and i stepped back and said ok then) during the ordeal.

So checkmark the first 2. I dont see why i should destroy the video entirely whatsoever. that is infringing on my rights to keep a video i made?

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That is part of POPIA - when the content has served its purpose, you should destroy it. Especially if there are details in the content that can be used to identify and trace an individual that would not want to be identified or traced. So for keeping the video for reference, you need to define a retention period. If you foresee the video still being necessary for 6 months, then disclose that to the managing agent and the lady involved and commit to destroying the video by then. Just make sure the managing agent agrees to the same retention strategy by destroying the email / video when the period lapses… :wink:

See, that’s why POPIA becomes a murky mess when it doesn’t explicitly deal with large scale data storage and retention. Everyone and their dog will claim “POPI ACT INFRINGEMENT!” every time someone takes a photo or video of them or when they fill in a form they don’t want to. They will even misspell the act (I’ve seen people claim “According to the POPPIE act I cannot do X” in a formal email) because they really have no idea what it’s about. Keep your side clean, define the retention strategy, communicate it and let them have their hissy fit about the situation.

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This is :fire: :fire:

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As far as I know POPIA only applies to companies, associations etc. that have to handle your private data securely. It does not apply to individual persons. So unless @Mottamort is an organisation registered with cipc and one of his split personalities is the registered Information Officer then POPIA does not apply

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:frog:

:grinning::wave:

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Good morning everyone.

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Morning people of the Palace

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Harro poeples.

:wave:

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Hallos I’m sitting at the clinic waiting for my mom-in-law to get her 2nd jab. I’m glad that the vac centres are busier than when we came for the 1st jab

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So apparently one of the other ppl at that chutulu place I was working at says my boss went and saw a lawyer because I took her to the ccma. I never told her that the ccma could not help me. She is livid at the moment and the lawyer told her she is in the wrong. Why a lawyer has to go see another lawyer just shows how kak she actually is

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