By Peter Grealy, Partner, Wendy Tembedza, Partner, Karl Blom, Partner, Prineil Padayachy, Senior Associate and Sanelisiwe Mthalane, Associate at Webber Wentzel.
The Residential Communities Council has submitted a proposed code of conduct for its members to the Information Regulator, which will guide how they handle personal information.
On the 8th of September 2023, the Information Regulator published a notice in the Government Gazette No.49280, acknowledging receipt of a proposed code of conduct from the Residential Communities Council. The Notice was published in terms of section 61(2) of the Protection of Personal Information Act, 4 of 2013 (POPIA), which requires the Information Regulator to give notice that it is considering issuing a code of conduct.
The RCC code will, among other things:
- Promote appropriate practices by members of the RCC when processing personal information.
- Establish procedures for the submission, consideration, and resolution of complaints against the RCC or its members.
- Lay down guidelines for the lawful processing of personal information by various stakeholders in the residential community industry.
- Provide guidelines to establish a complaint handling process by RCC members.
The RCC Code will apply to all RCC members as it is a mandatory requirement for membership to the RCC; and where appropriate, third parties who have entered into agreements with an RCC member on the processing of personal information.
RCC members who do not comply with the RCC Code may be subjected to, at the RCC’s discretion, a review of their membership by an assessor or independent adjudicator appointed by the RCC.
The deadline for submitting written comments on the RCC Code is the 22nd of September 2023.
All written comments must be sent to the Information Regulator at the following email address: POPIACompliance@inforegulator.org.za.
A copy of the full draft RCC Code is available on the Information Regulator’s website.