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Information Regulator clarifies that the Information Officers MUST be an employee of the organization!
- 08 April 2021
- South African Accounting Academy
On 1 April 2021, the Information Regulator (“the Regulator“) published a Guidance Note for Information Officers and Deputy Information Officers (“Guidance Note“), which seeks to provide (long-awaited) clarity on, amongst others, –
- the obligations and liability of Information Officers (“IO“) and Deputy Information Officers (“DIO“);
- who can be registered as an IO;
- updating the details of IOs;
- designation of a DIO; and
- delegation of authority by an IO to a DIO.
The Guidance Note provides some clarity as follows –
- as with POPIA, the Guidance Note designates the head of the business as the IO. Depending on the nature of the business, the IO will therefore be a sole trader, a partner in a partnership of CEO (or equivalent officer) in a company or close corporation. Additionally, the IO may also delegate his or her responsibilities to any other duly authorised person, being the DIO;
- as to whether the role of an IO may be outsourced (i.e. external appointment), the Guidance Note provides that the IO must “only” be an employee of a private body and must be an employee at an executive level or equivalent position at a level of management. This also applies to the appointment of DIOs.
Consequently, in order to be eligible for appointment as an IO and DIO, one must be an employee of that body concerned.
To facilitate the registration process, the Regulator is developing an online portal for the registration of IOs which is expected to be live by the end of April 2021. Accordingly, the registration of IOs and DIOs is expected to commence on 1 May 2021.
Click here to download the following documents:
- Media statement = https://www.justice.gov.za/inforeg/docs/ms-20210401-GuidanceNote-IO.pdf
- Guidance Note = https://www.justice.gov.za/inforeg/docs/InfoRegSA-GuidanceNote-IO-DIO-20210401.pdf
- Application Form = https://www.justice.gov.za/inforeg/docs/InfoRegSA-eForm-InformationOfficersRegistration-2021.pdf
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