Appointment and duties of an information officer in terms of South Africa’s POPI draft regulations
The draft regulations address various procedural aspects of POPI, which include the manner in which data subjects may object to the processing of their personal information and the manner in which to request a data subject’s consent to the processing of personal information for direct marketing purposes. The draft regulations refer to, and have attached to them, various forms that prescribe how these requests may be obtained.
Regulation 4 of the draft regulations expands on the duties and responsibilities of information officers. Information officers are defined in terms of the Promotion of Access to Information Act, 2000 (“PAIA”) to mean the “head” of the private body, which is, in the case of:
Information officers must be registered with the Information Regulator. This function may be delegated to other members of the organisation and deputy officers may be appointed to assist with duties. An information officer’s duties, as set out in section 55 of POPI, include:
Regulation 4 of the draft regulations expands on these duties to include that information officers must ensure that:
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