Can the Managing Agent Now Be the Information Officer?

Meeting Between the Community Scheme Ombud Service (CSOS) and the Executive Team of the Information Regulator (IR)

We recently communicated with you as to whether the Managing Agent could or couldn’t be the Information Officer (IO) of a scheme, in respect of the Protection of Personal Information Act (POPIA) and the Promotion of Awareness of Information Act (PAIA). 

The Community Scheme Ombud Service (CSOS) confirms that they met with the representatives of the Board and the Executive team of the Information Regulator (IR) on 7 July 2021.

The following items were discussed:

• Whether a Managing Agent can be included in the definition of an Information Officer (IO) of the Protection of Personal Information Act No. 4 of 2013 (POPIA); and
• Whether the same Information Officer (IO) can be registered for multiple companies on the Information Regulator (IR) portal, as currently, the portal does not allow for this.

The Outcome of the Meeting Between the Community Scheme Ombud Service (CSOS) and the Executive Team of the Information Regulator (IR)

Unfortunately, paragraph 2 of the circular, which contains the Regulator’s advice, does not confirm that an employee of the Managing Agent can be the Information Officer (IO) of a scheme. 

Be that as it may, Community Scheme Ombud Service (CSOS) has come to the conclusion, in paragraph 3.1 of the circular, that an employee of the Managing Agent, can be the Information Officer (IO) of a scheme.

Based on the above, it is up to each Managing Agent and scheme, to decide whether to rely on paragraph 3.1 of the circular or not.

 Please bear in mind the Guidance Note On Information Officers and Deputy Information Officers, issued by the Regulator on 1 April 2021, where the Regulator states in paragraph 5.9, that the Information Officer (IO) should be a person at management or executive level.

Registration as an Information Officer (IO)

The contact details of the Information Officer (IO) and their Deputy Information Officers will be made available by the Regulator on its website. 

Contact Details of the Regulator 

Manual applications for registrations of Information Officers (IO’s) and Deputy Information Officers can be submitted to the Regulator at:

registration.IR@justice.gov.za 

Or 

P.O Box 31533

Braamfontein 

Johannesburg 

2017 

Or

JD House

27 Stiemens Street 

Braamfontein 

Johannesburg 

2001

Conclusion

Our offices are preparing an agreement to be signed between the scheme and the Information Officer (IO). 

We will revert shortly in this regard.

If you have any further questions or require additional information about this matter do not hesitate to contact Alan Levy

Alan Levy is a Community Schemes Attorney, practicing in Johannesburg, for the last 20 years and can be contacted on 010 001 8209 and alan@alattorneys.co.za.