We had two important notices concerning POPIA – see below for more information.
ONE:
INFORMATION OFFICERS AND DEPUTY INFORMATION OFFICERS
As predicted, a final Guidance Note on Information Officers and Deputy Information Officers, Application Form and Media Statement [01 Apr 2021] has been published by the Information Regulator.
In terms of this Guidance note:
Who is an Information Officer?
Information Officers are, by virtue of their positions, appointed automatically in terms of PAIA and POPIA. The table below sets out the various categories of Information Officers per specific body.
You will note that as per the table, the Chief Executive Officer or the Managing Director or equivalent officer of the private body will be the Information officer, OR any person duly authorised by the CEO OR any person who is acting as such OR any person duly authorised by such acting person. This means that the Chief Executive Officer or the Managing Director or equivalent officer of the juristic person may authorise any natural person within the Body, to act as an Information Officer of a Juristic Person.
To ensure accessibility of a private body, the Information Officer of a multinational entity based outside the Republic must authorise any person within the Republic of South Africa as an Information Officer.
Each subsidiary of a group of companies must register its Information Officer and Deputy Information Officer(s) with the Regulator.
Any authorisation must be in writing; does not prohibit the person who made the authorisation from exercising the power concerned or performing the duty concerned himself or herself; and may at any time be withdrawn or amended in writing by that person who provided authorisation.
Any power or duty authorised, must be exercised or performed subject to such conditions as determined by the authorised party.
TWO:
PRIOR AUTHORISATION IN TERMS OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013
The suspension of section 58(2), which currently is not in place and which applies to the suspension of certain types of processing referred to in section 57 of the Act, has been lifted, such section coming into force on 1 July 2021.
This was a notice published in the Gazette, on 1 April 2021 which details “Prior Authorisaton”
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