As a job seeker in South Africa, your CV, ID, qualifications and background details pass through multiple hands. The Protection of Personal Information Act (POPIA) governs how employers collect, store, use and share that personal data. Knowing your rights—and what to ask for—helps you protect your privacy, correct errors that can cost you an opportunity, and comply confidently with screening checks.
Below is a practical guide for candidates preparing for interviews and background checks, with actionable steps and templates to request your data.
Quick overview: What POPIA means for candidates
POPIA requires organisations (including employers and recruiters) to process personal information lawfully, reasonably and for a specific purpose. Key principles you should understand:
- Purpose limitation: Data must be collected for a legitimate hiring purpose (e.g., verifying qualifications, criminal or credit checks).
- Minimality: Employers should only collect data necessary for the purpose.
- Transparency: You must be informed what data is collected, why, how it will be used, and with whom it will be shared.
- Security and retention: Employers must protect your data and keep it no longer than necessary.
- Data subject rights: You can request access, correction, deletion (in certain circumstances), and object to processing or withdraw consent.
What employers typically collect during recruitment
Employers and background-screening providers commonly collect:
- Identity: Name, ID/passport number, contact details
- Qualifications: Certificates, SAQA verification outcomes
- Employment history and references
- Criminal record checks
- Credit checks (for finance/trust roles)
- Medical/fitness assessment data (where relevant)
- Work visa and right-to-work documentation for foreign applicants
For more detail on specific checks and how to prepare, see: Criminal, Reference and Credit Checks in SA Hiring: Rights, Process and How to Respond and SAQA Verification and Qualification Checks: How to Prepare and Speed Up Your Background Screening.
Table: Common checks, typical data gathered, and your POPIA rights
| Check type | Typical personal data collected | Lawful basis employers use | What you can request under POPIA |
|---|---|---|---|
| CV & application | Name, contact, ID, employment history | Performance of recruitment process / legitimate interest | Access to stored CV, ask for correction or deletion |
| Qualification checks (SAQA) | Copies of certificates, verification results | Consent / legitimate interest | Confirm what was requested/launched; request copies of results |
| Criminal checks | Convictions/disclosures from SAPS or vendors | Legal compliance / legitimate interest | Request disclosure of findings and basis; correct inaccuracies |
| Reference checks | Opinions and employment dates from referees | Legitimate interest | Ask what was asked/recorded and request correction |
| Credit checks | Credit score, debt history | Legitimate interest for finance roles / consent | Request copy of credit report and dispute errors |
| Medical/fitness | Health/medical fitness data | Consent + health & safety obligations | Ask purpose, scope, retention; request limited access or anonymisation |
What you can ask employers — practical requests and how to phrase them
When interacting with recruiters or hiring managers, be clear and assertive. Below are common, lawful requests you can make under POPIA:
- “Please confirm what personal information you hold about me.” (Data access)
- “Please provide copies of any background-check reports or verification outcomes.”
- “Which third parties will you share my data with? Please list processors and jurisdictions.”
- “How long will you retain my application data if I’m not appointed?”
- “I withdraw my consent for [specific processing], please confirm you have stopped processing.”
- “Please correct the following inaccuracies in my record…” (provide details and supporting documents)
If you prefer a written approach, use the template below.
Data access request (short template)
Use email to the organisation’s Information Officer or HR contact. Keep it succinct and include ID to verify identity.
Subject: Request for Access to Personal Information — [Full name] / [ID number]
Body:
- I request access to all personal information your organisation holds about me in terms of POPIA.
- I enclose a copy of my ID for verification: [attach].
- Please provide: copies of any background-check reports, SAQA verification results, reference-check notes, and details of any third parties with whom my data was shared.
- Please correct the following data errors (if applicable): [list].
- Kindly respond within your statutory timeframe and confirm any fees or identification requirements.
Sincerely,
[Full name] — [Contact number] — [Email address]
Tip: Keep a copy of the request and any responses.
Timing, fees and escalation
- Employers should respond without undue delay and provide access within a reasonable timeframe. Many organisations operate on a 1-month response expectation; complex requests may take longer.
- Organisations may request proof of identity or charge a reasonable fee for access in exceptional circumstances. Ask for justification if a fee is stated.
- If an employer refuses or fails to respond, you can lodge a complaint with the Information Regulator of South Africa.
Sensitive situations: medical, visa and equity considerations
- Medical and health information is treated as special personal information under POPIA and must be processed with additional safeguards. Only provide what is necessary and ask for limits on who can access it.
- Foreign applicants should confirm how their passport and visa information is stored and whether data is transferred cross-border. See: Work Visas and Documentation for Foreign Applicants to South Africa: Interview Stage Requirements.
- Employment equity and BEE-related collection must be justified and anonymised where possible. For background on equity implications at interview stage, read: BEE and Recruitment: How Employment Equity Affects Interview Processes in South Africa and Interview Preparation South Africa: What Candidates Need to Know About the Employment Equity Act and Hiring.
Prepare proactively: steps to reduce surprises in screening
- Order your own credit and criminal reports so you know what employers will see. This helps you correct errors early.
- Get SAQA verification started if you have foreign or older qualifications: SAQA Verification and Qualification Checks: How to Prepare and Speed Up Your Background Screening.
- Anticipate medical or fitness assessments and request a clear scope before consenting: Preparing for Medical and Fitness Assessments Required by Some South African Employers.
- Know how to disclose sensitive issues during interviews without harming your candidacy: How to Disclose Sensitive Information During SA Interviews Without Jeopardising Your Candidacy.
When interview questions or processes feel unlawful
If an interviewer asks for irrelevant personal details (e.g., religion, marital status, pregnancy), this may be unlawful and beyond POPIA scope into employment law. Learn how to respond safely: Legal Red Flags: Unlawful Interview Questions in South Africa and How to Respond Safely.
If something goes wrong
- Ask the employer to correct or delete the data.
- If they refuse or your data is breached, escalate to the Information Regulator: https://www.justice.gov.za/inforeg/.
- For disputed background-check outcomes (credit, criminal), approach the original data provider and the reporting bureau to correct errors. See: Criminal, Reference and Credit Checks in SA Hiring: Rights, Process and How to Respond.
Final tips for interview-ready candidates
- Read consent forms before signing. Ask for written limits on scope and retention.
- Keep records of what you provided and to whom.
- If in doubt, request copies of any reports produced on you.
- Preempt common recruiter issues: learn what recruiters look for in background checks and how to fix them in advance: What Recruiters Look for in Background Checks: Common Issues and How South African Candidates Can Preempt Them.
Protecting your personal information during hiring is both your right and smart job-search practice. Be proactive: ask questions, keep copies, and request corrections—POPIA is there to give you the tools to do so. If you need legal certainty about a complex case, consult a lawyer experienced in POPIA and employment law.