THE POPI ACT (POPIA) - THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013

The deadline for POPI Act compliance is fast approaching with all entities responsible to comply by 30 June 2021.

There is much to do to ensure and safeguard peoples personal information and comply with the Act. As a responsible managing agent, we have always endeavoured to take the necessary care to ensure that the personal information that we collect is necessary and that the information that we hold is protected. This responsible business practise holds us in good stead, it also makes it that little bit easier to meet the demands of POPIA.

All community schemes are compelled to comply with the Act and we have been looking at a cost effective way of assisting to put measures in place so that the schemes we manage are aware of their responsibilities and can work towards compliance.

The information below provides an insight into what is expected of community schemes.

1. A POPIA Manual approved by the scheme executives is an important initial document to compile - To assist the schemes that we manage, we have arranged with a specialist sectional title attorney to provide a template manual. We have been able to negotiate a considerably reduced fee for the Manual template on the basis that we will facilitate the compilation and completion of the manual.

2. The next step towards achieving compliance will be for the scheme to look at their internal controls where this relates to personal information of your owners, tenants, residents, employees, and service providers.

3. Your internal controls will be unique to your scheme and some of the factors that will need to be considered revolve around the collecting, processing, storage, and destruction of personal info. (An example of personal info may be owners, residents and visitors' names, identity numbers, driver's license, contact numbers, email addresses, car registration numbers and SARS ref number, salaries, health records in respect of employees etc. etc.)

(Where Wakefields Property Management is the managing agent, you need not be concerned about the "external" compliance to the POPIA as this will be handled by us, being one of the schemes "Operators". The term "Operators" is a term referred to in POPIA).

The common facets of a schemes interaction or dealing with personal information according to POPIA includes: -

* Collection - this might be undertaken by the security provider, your building supervisor/caretaker- i.e. the Operators. It might include collecting residents and visitor's personal info when entering the complex. In this regard your scheme executives will need to prepare a plan/procedure document detailing why you need to gather this info. Remember it must be because you need to do it and not because you might need it.

* Processing - what is your scheme and/or it's Operators going to do with the personal info, who has sight of it and why they need it.

* Storage - How is your scheme and its Operators going to keep the information (whether it is in cabinets, on hard drives etc.) safe and only accessible to the people that have the rights to see it.

* Destruction - How long does your scheme and its Operators need to keep the personal info and once it no longer needs the information, how will it be destroyed so that nobody can retrieve it. (e.g. If it is paper, will it be shredded, or if it is on a hard drive how will you delete it permanently etc.)

It is suggested that all schemes that are not managed by Wakefields Property Management immediately inquire from their scheme executives or from their managing agent what action has been taken to comply with the provisions of POPIA.