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Alison Lee

Alison Lee

JUNE WEEK 2

REGISTRATION OF INFORMATION OFFICERS AND DEPUTY INFORMATION OFFICERS

We have received many requests for assistance from members with regard to the registration of the same Information Officer for more than one company as currently, the Information Regulator’s (IR) online portal only allows a person to be registered once and for one company only.

Many companies are in the same boat – the same person has been appointed as the Information Officer for the holding company as well as its subsidiaries. This of course is allowed in terms of POPIA, but unfortunately, in practice, this cannot be done on the IR’s online portal due to technical issues on their side.

The Corporate Counsel Association of South Africa (CCASA) wrote to the IR during mid-May about this issue, amongst others, but unfortunately they haven’t received any response from them. A copy of our letter is attached for your information.

Our current solution to this problem, which is for various reasons not ideal, is that you manually register the Information Officer. In this instance, you have two options: download the relevant registration form from the IR’s website, complete it per entity and send it to the IR one by one via email (registration.IR@justice.gov.za) OR have it delivered to the IR’s offices. These options are in line with the Guidance Note on Information Officers and Deputy Information Officers which was issued by the IR earlier this year.

 

BANKING ASSOCIATION’S CODE OF CONDUCT

The IR has issued a Notice in terms of Section 61(2) of (POPIA) informing stakeholders that it’s in receipt of a code of conduct from the Banking Association South Africa (BASA) which deals with how personal information will be processed by member banks, and inviting written comments from affected parties.

APPLICATIONS FOR EXEMPTIONS

Alison Lee has recently applied for Exemptions in terms of sections 37 & 38 of POPIA on behalf of certain clients. In response to these applications, her office has been advised by the IR that they are unable to address these applications because they are in the process of developing Exemption Guidelines. This is obviously not optimal, but we will keep you appraised of developments, in particular when these Guidelines are published for comment.

POPIA READINESS STAKEHOLDER ENGAGEMENT WEBINAR

The IR has published an invitation to an online “POPIA Readiness Stakeholder Engagement Webinar” which will take place on 15 June 2021 at 10h00 via ZOOM.

Topics of discussion will include:

  • Guidelines for Codes of Conduct
  • Guidelines for application for Prior Authorisation
  • Guidelines for the registration of Information Officers

Should you wish to attend the webinar, click here to register.

 

If you are  subscriber and wish to view a more detailed Newsletter, with the links to the Government Notices, please click the link below:

https://thelegalteam.co/dashboard/library#78094

If you would like to subscribe to our more detailed UPDATE service, please request a quote by clicking the link below:

mailto: info@compliancetools.co.za

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