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Q: Much has been said about the Popi for consumers but what impact will this act have on those involved in community housing schemes such as complexes, apartments and estates?

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A: This piece of legislation is due to burst on to the scene after a long delay and trustees should get up to speed with what it says.

Trustees must be able to respond when owners want to know what is being done with their personal information. How will trustees warn residents their personal information may be made available to those inspecting the books of account and record?

They must be able to account when it comes to visitors who provide their personal information to the guards at the gate. Every body corporate needs a clearly expressed and up-to-date policy on how it manages personal information.

The policy should include details of the type of personal information that the complex collects and holds, as well as how the complex collects and stores personal information. The purposes for which the complex collects, uses and discloses personal information must also be detailed, along with information on how someone may access personal information.

The policy document must outline how an individual can complain to the Information Regulator and how the complex will deal with that type of complaint. This list of recommendations is not exhaustive.

I would suggest all sectional title complexes and community housing schemes obtain professional advice and assistance to review and update their privacy policies and privacy statements. – Marina Constas, specialist sectional title attorney and BBM Law director


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