June 2021 (Volume 16, Issue 6)

Hi Paddocks Press fan,

No Panic for Compliance with POPIA
 
The setting up of the Information Regulator’s office and systems has been delayed by technical glitches, according to the Chairperson, Adv. Nomzamo Zondi. You can see the official statement below:
https://www.gov.za/speeches/information-regulator-deadline-registration-information-officers-and-deputy-information

The short summary is:

• There will be no deadline for registration of Information officers and Deputy Information Officers
• No “responsible party” will be held liable for not registering by 30 June 2021
• The Information Regulation is looking into alternative registration processes and apologised for the anxiety and panic caused by their portal malfunctioning.
• While the Protection of Personal Information Act will still come into effect on 1 July 2021, the date for applications for “prior authorisation” to process personal information has been extended to 1 February 2022.

The Information Regulator will also be taking over the administration of the Promotion of Access to Information Act from the Human Rights Commission. This makes sense, as the two pieces of legislation are opposite sides of the same coin: the one compelling disclosure of relevant information and the other protecting personal information from exploitation.

If you have already amended your PAIA manual to include your POPIA policies, well done. If not, you don’t have to rush, but you should keep it on the scheme’s agenda. 

Don’t be taken in by the high-pressure sales tactics that threaten you with huge fines if you don’t get compliant immediately, usually offering the services of a professional to draft the documentation. But don’t forget about the POPIA. 

If your scheme does need assistance, talk to your managing agent or a scheme management specialist attorney. If you choose to go to one of the newly-minted general POPIA specialists, make sure they understand scheme management—otherwise, the results may be accepted by the Information Regulator, but in practice, they will be useless.

Prof. Graham Paddock

In this month's edition:

• South Africa's leading sectional title academic confirms that “no pets” rules are invalid - By Graham Paddock
• Why you should think twice before bypassing the CSOS dispute resolution procedures - By Auren Freitas dos Santos