Data Protection Question

[Andrew Friedemann]

Learnerships I can understand – public money – but they are applying this to every learner now – all ours are self funding skills programmes.

[Anonymous]

I agree with Dr Jacqueline Baumgardt! If they want to verify the information such as ID certified copies etc, the SETA involved must do a verification of documents or sample of work on site at your offices. We have also just looked at the whole process of POPI ACT and how we need to protect the individuals information for total confidence. We have had to incorporate a clause onto our registration forms to ensure our learners are comfortable with us releasing their information on this level especially to a SETA or company practitioner for reporting. It is a major challenge regardless as some learners do not want to even submit their ID on registration. We have had a obstructions when looking at credentials on “highest qualifications” on pre entry requirements and we have this in place as a rule for acceptance onto a programme or qualification we house. There is no way around this as it falls part of validating that we have the right target audience on board for training and this will in turn ensure that our learners are able to commit to a submission without difficulty. Wishing you all the best with your way forward in training and developments! regards Sam Long
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[Kate Sani]

This information the SETA is requesting is a recent requirement of the Department of Higher Education and Training. Within the upcoming few months it will be mandatory for Skills Development Providers to provide such learner documentation to SETAs (and to the QCTO in the future), and much more.
The question is, of course, how this documentation, is to be managed under the POPI Act. The DHET is exploring this. Currently however, as per a SAQA instruction last year, learners should be signing indemnities with their SDP giving permission for their details, documentation, results, etc to be shared with their employer (if employer funded), SETAs, SAQA, QCTO, and DHET. Thus the POPI issue is not new. All SETAs should have a POPI Policy, and it may be useful to request this from the SETA in question.

[Andrew Friedemann]

“The DHET is exploring this” – this is the crux of it – they are putting things in place that have not been thought through yet. At the end of the day I am the one responsible for the data, not the DHET or SETA.

Till its finalized they can come to my offices to see it all.

[Andrew Friedemann]

Just an update on this topic. We have offered them the following which they refuse…

1) That your verifiers make a site visit to view the documents but may not remove them from the premises. (Which will be digital anyway as we do not possess hard copies)

2) You access them on the secure website we have set up for this purpose. (Printing them off the website would be a contravention of the act)

3) We ask the learners individually to send you the documents as this would not be against the privacy laws. However this would create a huge administrative burden on yourselves and ourselves.

Feeling hopeless right now. I asked our Learners and they do NOT want us sending in hard copies.

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