1. Purpose of this notice
This notice is provided in terms of the Protection of Personal Information Act 4 of 2013 (“POPIA”). It explains how Louwrens Koen Attorneys (“the firm”) processes personal information, and your rights as a data subject.
This notice supplements our Privacy Policy. Where there is any inconsistency between the two, the Privacy Policy applies.
2. The responsible party
The responsible party for the processing of your personal information is Louwrens Koen Attorneys. Our contact details are set out in our Privacy Policy.
3. The categories of personal information we process
We process the categories of personal information set out in section 3 of our Privacy Policy. In the context of section 21 applications under the Matrimonial Property Act 88 of 1984, this typically includes:
- identifying information of both spouses (names, identity numbers, citizenship, gender);
- contact information (addresses, telephone numbers, email addresses);
- employment and residence history in the preceding 12 months (as required by Practice Directive 15.6 of the Gauteng Division, Pretoria);
- marriage particulars (date, place, type, including any prior customary marriage);
- particulars of any prior antenuptial contract;
- financial information (assets, liabilities, creditors, banking details where relevant);
- information about reasons for seeking a change of matrimonial property regime; and
- court process information that arises during the matter.
4. The purposes of processing
We process personal information for the purposes set out in section 4 of our Privacy Policy.
In the context of a section 21 application, certain personal information must be disclosed in the court papers, in the Government Gazette notice and in the registered-post letters to creditors. By instructing the firm to bring the application, you authorise that disclosure to the extent it is required by the Matrimonial Property Act 88 of 1984, the Practice Directive of the relevant Division, and the Deeds Registries Act 47 of 1937.
5. Sharing of personal information
We share personal information with the persons and entities set out in section 6 of our Privacy Policy.
6. Security safeguards
We maintain appropriate technical and organisational measures to protect personal information against loss, unlawful access and misuse. These measures include access controls, encrypted storage and transmission where appropriate, regular updates of software and infrastructure, and contractual protections with service providers.
7. Your rights under POPIA
You have the following rights as a data subject under POPIA:
- to be notified that personal information about you is being collected, and where the information is collected from a third party;
- to confirm whether the firm holds personal information about you;
- to request access to such personal information;
- to request correction, destruction or deletion of personal information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or unlawful;
- to object, on reasonable grounds, to the processing of your personal information;
- to submit a complaint to the Information Regulator regarding any alleged interference with the protection of your personal information; and
- to institute civil proceedings regarding the alleged interference with the protection of your personal information.
8. How to exercise your rights
To exercise any of these rights, please contact our Information Officer using the contact details in our Privacy Policy. Where access is requested, we will require you to verify your identity and may charge the prescribed fee, if any.
9. The Information Regulator
The Information Regulator of South Africa is the supervisory authority under POPIA:
- Website: https://inforegulator.org.za/
- Email: enquiries@inforegulator.org.za
You have the right to lodge a complaint with the Information Regulator at any time.