Compliance Matters – PAIA & POPI

Government confirmed in December 2020 that, in line with enforcement of the POPI and PAIA Legislation from 1 July 2021, every person who carries on a business, profession or trade, whether as a sole proprietor, partnership, company, trust or otherwise must prepare and lodge a so-called “PAIA manual” by no later than 30 June 2021, earlier for certain bodies.

This applies to every business, big or small. There are thousands of businesses that still need to prepare or submit their manuals or update old manuals and time is running out.

A head of a private body who wilfully or in a grossly negligent manner fails to timeously prepare and submit a PAIA manual commits an offence and is liable on conviction to a fine, or to imprisonment for a period not exceeding two years.

Don’t worry, we can help you prepare your Information Manual and lodge it for you.

A. WHAT IS AN INFORMATION MANUAL?

Our Information Manual is essentially a combination of: (i) the so-called “PAIA Manual” * that all businesses must prepare and submit; and

(ii) the disclosures** that every person collecting personal information must make prior to collecting that personal information.

Notes:
* as required by section 51 of the Promotion of Access to Information Act, No. 2 of 2000 (“PAI Act”);
** as required by section 18 the Protection of Personal Information Act, No. 4 of 2013 (“POPI Act”).

B. WHO NEEDS ONE?

All Private Bodies, whether sole proprietors, partnerships, companies, trusts or otherwise, who conduct any business profession or trade as well as anyone who collects any personal information relating to individuals, companies or otherwise. We have created an easy-to-follow decision tree on the following page to assist you.

C. BY WHEN?

By 30 June 2021 maybe earlier depending on the category of Private Bodies that you fit into, being:

(i) sole proprietors, partnerships, trusts and small private companies***, (“group A”); or (ii) large private companies**** and public companies (“group B”).

Notes:
**** Group B is currently required to lodge their Information Manuals.
*** Group A has been given until 30 June 2021 to lodge their Information Manuals. The criterion distinguishing small and large companies can be found in Government Gazette Notice No. 44003.

Notes:
**** Group B is currently required to lodge their Information Manuals.
*** Group A has been given until 30 June 2021 to lodge their Information Manuals. The criterion distinguishing small and large companies can be found in Government Gazette Notice No. 44003.

In respect of both groups, the Information Manual must be lodged in the prescribed manner, as follows:

(i) if submitted on or before 30 June 2021, with the Human Rights Commission; and (ii) if submitted on or after 1 July 2021, with the newly established Information Regulator.

I DON’T RUN A BUSINESS BUT I DO COLLECT PERSONAL INFORMATION:

Before collecting any personal information, you need to make certain disclosures to the person from whom you are collecting the information.

Contact us for assistance with an appropriately drafted disclosure manual, including a privacy policy.

WE ARE HERE TO ASSIST:

Should you need assistance preparing or lodging your Information Manual, please contact us, we are here to help.