Become POPI compliant or pay up

If community housing schemes such as residential estates, retirement villages and apartment blocks fail to comply with the Protection of Personal Information (POPI) Act by Wednesday’s (May 10) deadline, they could face hefty fines of up to R10-million.

Trustees and directors of sectional title schemes and homeowners’ associations are responsible for ensuring their developments have a detailed POPI policy in place, which outlines how personal information is handled.

Specialist community schemes attorney and director at BBM Law, Marina Constas, emphasised the importance of taking this deadline seriously and having a well-structured POPI plan of action.

“The policy should include details of whose personal information is collected and held, the type of personal information collected, and how it is stored,”
she advised.

The purpose for which the information is collected, used, and disclosed must also be specified, along with information on how individuals can access their personal information.

Trustees and directors should also consider aspects such as access control at the guardhouse and CCTV surveillance cameras.

They must be able to explain why certain information is collected, where it is stored, for how long it is stored, and when it is destroyed.

They can still use CCTV cameras, but they must take certain steps to be POPI compliant, such as notifying owners in writing that cameras exist, positioning them in a way that does not infringe on owners’ privacy, and outlining who is responsible for controlling images and how they are utilised.

In conclusion, it is recommended that all community housing schemes obtain professional advice and assistance to review and update their privacy policies and statements to ensure POPI compliance.

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