POPIA Privacy Policy & Evidence Data Protocols

1. Introduction & Statutory Mandate

Deon Smit & Associates (registered with the Private Security Industry Regulatory Authority under PSIRA #2317325 and the Council for Debt Collectors under Reg #0110965/18) operates as a registered private forensic investigation practice within the Republic of South Africa. We are committed to protecting the constitutional right to privacy while fulfilling lawful, authorized mandates in civil litigation, criminal defense, corporate fraud discovery, and debtor asset tracing under strict alignment with the Protection of Personal Information Act (POPIA Act No. 4 of 2013).

2. Responsible Party & Information Officer

The designated Responsible Party and Lead Investigator for data processing activities under this practice is:

• Responsible Party: Deon Smit & Associates
• Direct Line: +27 82 898 7949
• Official Inquiries: info@deonsmit.co.za
• Jurisdiction: Johannesburg, Gauteng & Nationwide, South Africa

3. Lawful Basis for Processing & Evidence Collection

All investigative data collection, digital forensic extractions, telemetry records, and surveillance logs are collected strictly on one or more of the following lawful grounds established under Chapter 3 of POPIA:

• Establishment, Exercise or Defense of a Legal Right: In accordance with Section 15 of the Electronic Communications and Transactions Act (ECT Act) and the Law of Evidence, collected evidence is prepared for High Court, Magistrate Court, CCMA, or formal arbitration proceedings.
• Performance of a Professional Contract: Executing investigative mandates explicitly contracted by corporate clients, legal counsel, or private individuals.
• Compliance with Legal Obligations: Adhering to statutory rules governing debt recovery, skip tracing, and fraud deterrence under the Debt Collectors Act and PSIRA regulations.

4. Transmission & Storage Encryption Security

Case inquiries, uploaded evidence files (such as court orders, photographs, and screenshots), and client intake communications submitted via this platform are transmitted over encrypted Transport Layer Security (TLS 1.3) and stored with restricted 256-bit AES server-side encryption. Direct electronic files are isolated from public directories and protected with multi-factor authentication (TOTP 2FA) on the administration portal.

5. Evidence Retention & Disposal Policies

Evidentiary dossiers and working papers are preserved only for the duration required to conclude litigation, arbitration, or statutory prescribed periods. Unsubstantiated leads, non-responsive inquiries, and uncontracted case attachments are systematically purged from encrypted repositories within 90 days of receipt.

6. Data Subject Rights & POPIA Inquiries

In terms of Section 23 and 24 of POPIA, individuals have the right to request confirmation of personal information held, subject to lawful statutory exemptions concerning ongoing law enforcement, criminal investigations, and legally privileged litigation records. Formal inquiries may be lodged via email to info@deonsmit.co.za.