***Original email sent to NDA from the Association of Debt Recovery Agents on 25/06/2021***
Dear Member.
In a previous communication we informed members of informal announcements by the Information Regulator that certain compliance provisions will be postponed and not implemented as from 1 July 21. See the attached formal communication by the IR Office advising that the need to have prior authorisation for certain forms of processing, is postponed to 1 February 2022. In our view, the extension must be published in the Government Gazette and we will notify members as soon as published. We also attach the prescribed form for such application.
We further include the IR ‘s Guidance Note and Form on applications for exemption from having to comply with the provisions for lawful processing. Exemptions have limited application. The grounds for an exemption contained in section 37(1)(b) might have relevance in instances where members trace and process refunds to consumers on unclaimed benefits.
Section 37(1)(b) – “the processing involves a clear benefit to the data subject or a third party that outweighs, to a substantial degree, any interference with the privacy of the data subject or third party that could result from such processing.”
As the outcome of an application for prior authorisation (section 57-59) and/or an exemption (sections 37-38) will have an impact on the entire industry, the ADRA board resolved to assist members in such applications (if the need does exist). We therefore remind all members to communicate with the ADRA office should they consider bringing such applications.
Also find attached the IR media statement as published on their website, advising that entities will not be prosecuted if their information and deputy information officers are not registered with the IR’s office by 1 July 21. As previously advised, the IR is experiencing technical challenges with the online portal developed for this purpose. Amendments also need to be made to allow for the registration of a person as information officer on behalf of multiple companies. We will keep members informed of developments in this regard.