Balancing privacy and access: A fair approach to owner information requests in sectional title schemes
28 March 2025 | Razeen Khan
In managing sectional title schemes, balancing transparency with privacy is a crucial challenge. Owners have legitimate rights to communicate with one another regarding scheme-related matters, yet the sharing of personal information must align with legal frameworks such as the Protection of Personal Information Act ("POPIA"), the Promotion of Access to Information Act ("PAIA"), and the Sectional Titles Schemes Management Act ("STSMA").
Recent legal interpretation highlights that the most balanced and equitable way to handle such requests is to notify owners whose information is being shared and provide them with an opportunity to object. This ensures that privacy concerns are addressed without unnecessarily restricting access to vital information.
Legal Clarity: PAIA and STSMA in context
A significant legal precedent, Judge Wilson’s ruling in the Montrose Mews case, clarified that PAIA does not apply when an owner requests access to information they are entitled to under STSMA. The ruling emphasises that an owner’s right to access contact details stems from the body corporate's obligations, as set out in the STSMA and the Prescribed Management Rules ("PMRs") in terms of Annexure A to the STSMA's Regulations. This means that such requests should be evaluated through the lens of the STSMA, noting PAIA and POPIA considerations.
A balanced interpretation of POPIA and STSMA
POPIA aims to protect personal information, but it also allows for reasonable and justifiable disclosures when necessary. In the context of sectional title schemes, enabling owners to communicate on governance matters is a legitimate purpose that aligns with ownership rights and responsibilities.
A practical solution is to notify affected owners before disclosing their contact details. If they object, their information is withheld. However, if no objections are received, the information should be shared to facilitate necessary discussions among owners.
Transparency and governance in sectional title schemes
Restricting access to fellow owners' contact details could hinder engagement on essential scheme matters, potentially undermining transparency and collective decision-making. Sectional title governance thrives on open communication, and excessive privacy barriers could work against the very principles of accountability that underpin the STSMA.
A call for practical solutions
In light of these considerations, requests for owner contact details should be approached with fairness, legal compliance, and practicality. A notice-and-consent approach respects privacy while ensuring that owners can effectively participate in scheme affairs. By adopting this method, sectional title schemes can uphold both privacy rights and governance principles, fostering a more transparent and cooperative living environment.
Should you require any more information regarding this topic, don’t hesitate to contact us today on 061 536 3138 or at info@tvdmconsultants.com
About the Author:
Razeen Khan is a Community Schemes Consultant at TVDM Consultants, click here to learn more about him.