New rules regarding privacy (POPI) will impact people living in complexes and estates

01 March 2021 ,  Marié Combrink 923

As the effective date to come into operation for the Protection of Personal Information Act or POPI as we become to know it, organisations have until 30 June 2021 to make sure that they comply when gathering personal information. This also applies to sectional schemes and gated communities.  Trustees, managing agents, and owners have to make sure that the personal information gathered and required by them of owners and or tenants, are done according to POPI regulations and that they completely comply.

Here are some pointers as to where and in which circumstances the correct personal information on record is very important:

  • Necessary to allocate payments correctly
  • To enable trustees to take swift action in the event of levy defaults
  • To facilitate and communicate security issues or arrangements with tenants and owners including situations like COVID – 19.
  • Forwarding of levy accounts and statements to the correct people and in an acceptable manner, in which the correct people will receive it.
  • Information regarding the annual budget and body corporate meetings sent to correct people.
  • In an instance where the gated community have a newsletter, to make sure the personal information and content is correct and proper permission is in place to share the information in this manner.

One very interesting matter is the manner in which certain gated communities handle the visitors that enter and the personal information collected for security reasons at these controlled access points.  The information that is required is normally a registration number of the vehicle, vehicle license card information, ID number,  telephone number, full names and surname, a fingerprint and a photograph taken of at least the driver of the vehicle.

In this instance the person requesting to enter, has to consent to providing their personal information to have the scheme comply with POPI, before any of the information is collected for security purposes and access.

Therefor urgent attention must be given by the managers to make proper provision for the person to give permission for the personal information to be collected by the attendant or security at the entrance. 

Further the permission must also include informing the person that the information can be shared, to whom and for what purpose if necessary.

For example, the information to deliver a statement to the correct person or to gain access to a gated community that is provided cannot be provided to a third party for marketing purposes for an internet company that wants to forward information regarding packages available to residents or people living in the area without their specific permission.

It is very important to make sure that the attendance to the safe keeping of the information gathered is kept in such a manner that it is protected from unauthorized access.

Trustees should make sure they provide and implement a system that will enable them to account for the information gathered, due to the fact that they as trustee is responsible for any information collected on behalf of the scheme. 

If any of the sectional schemes and or managing agents require assistance with such document and drafting thereof, contact us to assist in drafting of the POPI document according to the specific needs and requirements.  Training can also be provided to make sure staff understand the importance of implementing a system and keeping it up to date.

Tags: Property
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