In view of the fact that Baartman & du Plessis Attorneys continued efforts to render an all-inclusive service to Security Service Providers, we ultimately had no other option but to develop a POPIA compliance service product for our clients.
These provisions create a proverbial cobweb of compliance issues affecting the very core of the operations of any Security Service provider, including minimum wages, the formal requirements and appearance of documentation, the appearance of uniforms, and even the corporate structure of a security business.
The Private Security Industry is one of the most pervasively regulated industries in South Africa. This sector is not only expected to subject itself to everyday governance and compliance requirements but is also subjected to the uncompromising, sometimes draconic, compliance framework of the Private Security Industry Regulation Authority and the National Bargaining Council for the Private Security Sector (NBCPSS).
man & du Plessis Attorneys have been serving the Private Security Sector since 1997 and have always maintained the philosophy that an informed client will be in a better position to mitigate its risks with the Private Security Compliance Framework.
In terms of Section 51 of PAIA, and within six months after the commencement of that section (which was 15 February 2002), a private body had to compile a PAIA Manual. The Minister then made certain exemptions and indicated that private companies operating in certain sectors were exempted from submitting their manual, the sectors being companies with less than 50 employees or with a turnover under the threshold as published. This only related to the manual and not to compliance with PAIA.
Take notice that the Amendment Notice only applies to the Processing of Information in terms of Section 58, where the Information Regulator’s prior consent is required, for instance where information is processed for other purposes for which it was originally collected for eg Credit Reporting, etc. The deadline for compliance with POPIA remains unaffected.
Information protection authorities from across the globe are now pursuing investigative bodies for non-compliance with legislation aimed at Protecting Personal Information. An Investigative firm was recently fined more than €150,000 for illegally obtaining private bank records of an individual whom they were investigating.
Over the past few days, you may have received various e-mails from business entities claiming that you indicated that you would like to receive information from such business, OR that you are a previous customer and as such could receive the electronic marketing. You would have further been informed that should you wish not to receive such e-mails, you can “unsubscribe” or use the “opt-out” function.
This begs the question of whether the business entity can obtain your consent “by default” should you fail to “unsubscribe” or “opt-out”.
POP-I-BOX is an integrated and practical compliance system for small and medium enterprises to exponentially increase their compliance with POPIA.
Baartman & du Plessis Attorneys and Mr. Johan Pietersen jointly launched an application for exemption on behalf of more than 120 security businesses and have now received feedback from the National Bargaining Council for the Private Security Sector. This note is intended to assist you in the interpretation of the feedback and to enable you to address the NBCPSS enquiries to ensure that you receive the benefit of the exemption application.
Assertive. Effective. Affordable.