What do we cover?

Section 51(1) of the Promotion of Access to Information Act (PAIA) says private bodies (this includes sole proprietors!) need to create a ‘manual’ that contains:

• the postal and street address, phone and fax number and, if available, e-mail address of the head of the body;
• a description of, and how to obtain access to, a guide on how to use the Act to get information from bodies;
• What records are available to an interested party without having to request access in terms of PAIA;
• a description of the records of the body which are available in accordance with any other legislation;
• how to request records from the body in terms of the Act; and
• such other information as may be prescribed by the Minister.

Regulations to the Act have stated that this manual needs to be available on the bodies website (if it has one).

This manual also needs to be submitted to the South African Human Rights Council.

as of 1 Jan 2016 ALL private bodies will need a PAIA manual

Certain private bodies are exempted (to see if you are exempted look at the section below).  However the exemption is only temporary and as of 1 Jan 2016 ALL private bodies will need a PAIA manual, unless the exemption period is extended again (so far this exemption has been extended twice, once in 2006 and again in 2012).

Why do it?

It is a criminal offence not to submit a PAIA manual if you are required to do so, and you could face some hefty fines if you do not comply. Currently the SAHRC is not issuing fines for non-compliance, but whether this will remain the case is unknown.

Exempted?

How to use the Table

• If you are in any of the industries listed in the “Industry” column AND you have 50 or more employees, then you need to compile a manual.
• If you are in any of the industries listed in the “Industry” column AND your ANNUAL TURNOVER  is equal to or more than amount in your respective industries “Threshold Turnover” column, then you need to compile a manual.
• If none of the above apply, then you do not need to compile a manual
• Remember the exemption only lasts until 31 December 2015.

Drafting your PAIA Manual

If you need to compile a manual but need some assistance in doing so, why not contact us for assistance ?

However, a lot has changed in the EU. POPI has been heavily influenced by the EU Data Protection Legislation.

On 25 January 2012 the European Commission released the documents that are intended to frame the new data protection regime in the EU. There are two main  documents, and a series of background papers. The two main documents are:

1.  A proposed Regulation, which would apply directly to organizations and individuals, and will govern most data processing activities in the 27 EU Member States; and
2. A proposed Directive, which would provide the basic requirements for police and judicial cooperation in criminal matters, and will have to be implemented in the national laws of the EU Member States.

The next step is for these documents to be discussed by the European Parliament and the EU Member States. The Regulation and Directive should only come into effect sometime in 2014 (two years after they have been adopted – the date being dependent on the discussions and changes).

We wonder to what extent these documents will impact on the current deliberations of the Parliamentary Technical Committee over POPI and whether this will further delay the enactment of POPI (which we previously suggested might happen in Q2 2012).

What is IT Governance?

IT governance is an integral part of corporate governance. It focuses on the policies and procedures, roles and responsibilities and decision making mechanisms designed to ensure that investments in information technologies and services deliver measurable value to the business. At the same time it tries to ensure that the risks attributable to the various dependencies on IT are known and appropriately addressed within an enterprise risk management framework.

Why do you need IT Governance?

Independent research has shown that better IT governance drives more effective use of IT within the business.  This typically translates into IT-related cost savings on the one hand, and enhanced business performance on the other hand.  Improved customer services bring about greater customer satisfaction which builds the organisation’s brand; improved internal operations deliver faster production and delivery cycles for improved competitiveness, and better performance management boosts motivation and incentivises the workforce.

How can we help you?

Our services will help you to:

1. Apply IT Governance in a practical way to real issues
2. Address IT Risks
3. Demonstrate that you have met your responsibilities.

Your organisation will also be able to:

1. reduce your IT risk profile;
2. demonstrate the application of King III;
3. implement current best practice;
4. manage the risks of non-compliance;
5. avoid IT problems, difficulties, and disputes.

What we offer

We offer a comprehensive COBIT based IT Governance Framework and its implementation.

Both King III and ISO 38500 provide suggestions on what must be done in order to satisfy the requirements for sound IT governance.  When it comes to “how to do it”, the COBIT framework for IT governance has achieved universal recognition.  It has been influenced by a number of related frameworks and standards and addresses the full spectrum of IT decision making within the enterprise.

Michalsons has worked closely with a COBIT expert for the past several years. He has over 25 years experience in managing all areas of the IT organization holds the CGEIT professional certification in IT governance as awarded by ISACA, and is also a certified trainer for the COBIT 4.1 Foundation, and the Implementing and Continually Improving IT Governance courses which are produced under license from ISACA.

We have developed an IT Governance Framework that describes, in detail, each of the processes and related control objectives comprising the full IT management spectrum, and then providing a series of management tools which can be used to embed these processes and associated practices into the day to day operations of the business, touching every area which comes into contact with the application of IT and the management of information.

The  IT Governance Framework has been developed to dovetail with Michalsons’  IT Legal Framework. This framework is a procedures and control framework. We use this framework as a control tool to provide an appropriate system to manage, monitor and report on your IT Governance, management of IT legal risks, and compliance with IT laws. It can easily be incorporated into the company’s IT Governance Framework and procedures and control framework required by King III.

Interested?

If you are interested,

Enquire Now

We will contact you to find out more about your requirements.