POPIA | Information Officer

Written by Ferdie Lochner LLB (PhD)

I am a management and strategy specialist supporting businesses across a range of organizational fields, including finances, human resources, technology and legal, and among others I am active at board level with governance and oversight duties, and at operational level, I am involved with steering and supporting businesses towards statutory compliance. I firmly belief in the value of innovation and the instrumental role of small to medium-sector enterprises in creating economic growth and spreading wealth, and through maintaining the highest standards of excellence I hope to continue make a positive difference towards businesses so that they can survive and thrive.

Legal and Compliance

March 29, 2021

The Information Officer

In following other modern human rights frameworks, the South African Constitution guarantees to South African citizens their privacy, and the right to access to information that would help in the exercise or protection of all their rights as enshrined in the Bill of Rights.  The Constitution also commands that legislation should be enacted to promote and protect these rights.  In giving effect to the Constitution, the South African government has implemented two pieces of legislation, respectively the Protection of Personal Information Act No. 4 of 2013 (“POPIA”) and the Promotion of Access to Information Act No. 3 of 2000 (“PAIA”).  These two pieces of legislation must be read together, because at least insofar it concerns personal information they relate to the same objectives, namely protecting personal information and privacy, and guaranteeing access to personal information upon valid requests thereto. 

Very importantly, though, is the fact that these two Acts coincide insofar it concerns the creation of the role of Information Officer, and the assignment of duties for this role. As a consequence, the “head” of “private bodies” are having the role of Information Officer added to their already overbearing regulatory load.  Although provision is made in the legislation for the delegation of duties to deputy Information Officers, the Information Officer ultimately remains accountable to the Information Regulator insofar it concerns the duties listed for this role.

In responding to this legislation, Indevaldi Regulatory Compliance Services (“IRCS”) have developed and made available to entrepreneurs, business owners and CEO’s a product described as Supporting the Information Officer. 

This product comprises a virtual service made available to businesses on a permanent basis through payment of a monthly fee.  Generally, this service comprises an oversight and control framework which considerably eases the duty upon the CEO or the relevant delegated officer towards fulfilling his or her Information Officer duties.  

To find out more how we can assist, please contact us.

Contact:

Ferdie Lochner (PhD)

Director | Regulatory Compliance

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