GENERAL PROVISIONS: Short title and commencement
This Act is called the Protection of Personal Information Act, 2013, and commences on a date determined by the President by proclamation in the Gazette...
GENERAL PROVISIONS: Transitional arrangements
All processing of personal information must within one year after the commencement of this section be made to conform to this Act...
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GENERAL PROVISIONS: Procedure for making regulations
The Minister, before making or amending any regulations referred to in section 112(1), must publish a notice in the Gazette setting out that draft regulations have been developed...
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GENERAL PROVISIONS: Regulations
The Minister may, subject to section 113, make regulations relating to the establishment of the Regulator...
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GENERAL PROVISIONS: Fees
The Minister may, subject to section 113 and after consultation with the Regulator, prescribe fees to be paid by data subjects...
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GENERAL PROVISIONS: Amendment of laws
The laws mentioned in the Schedule are amended to the extent indicated in the third column of the Schedule...
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OFFENCES, PENALTIES AND ADMINISTRATIVE FINES: Administrative fines
If a responsible party is alleged to have committed an offence in terms of this Act, the Regulator may cause to be delivered by hand to that person...
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OFFENCES, PENALTIES AND ADMINISTRATIVE FINES: Magistrate’s Court jurisdiction to impose penalties
Despite anything to the contrary contained in any other law, a Magistrate’s Court has jurisdiction to impose any penalty provided for in section 107...
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OFFENCES, PENALTIES AND ADMINISTRATIVE FINES: Penalties
Any person convicted of an offence in terms of this Act, is liable, in the case of a contravention of...
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OFFENCES, PENALTIES AND ADMINISTRATIVE FINES: Unlawful acts by third parties in connection with account number
A person who knowingly or recklessly, without the consent of the responsible party obtains or discloses an account number of a data subject...
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OFFENCES, PENALTIES AND ADMINISTRATIVE FINES: Unlawful acts by responsible party in connection with account number
A responsible party who contravenes the provisions of section 8 insofar as those provisions relate to the processing of an account number of a data subject is, subject to subsections (2) and (3), guilty of an offence...
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OFFENCES, PENALTIES AND ADMINISTRATIVE FINES: Offences by witnesses
Any person summoned in terms of section 81 to attend and give evidence or to produce any book, document or object before the Regulator who, without sufficient cause fails...
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OFFENCES, PENALTIES AND ADMINISTRATIVE FINES: Failure to comply with enforcement or information notices
A responsible party which fails to comply with an enforcement notice served in terms of section 95, is guilty of an offence...
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OFFENCES, PENALTIES AND ADMINISTRATIVE FINES: Obstruction of execution of warrant
Any person who intentionally obstructs a person in the execution of a warrant issued under section 82...
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OFFENCES, PENALTIES AND ADMINISTRATIVE FINES: Breach of confidentiality
101. Any person who contravenes the provisions of section 54, is guilty of an offence...
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OFFENCES, PENALTIES AND ADMINISTRATIVE FINES: Obstruction of Regulator
Any person who hinders, obstructs or unlawfully influences the Regulator or any person acting on behalf of or under the direction of the Regulator in the performance of the Regulator’s duties and functions under this Act...
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ENFORCEMENT: Civil remedies
A data subject or, at the request of the data subject, the Regulator, may institute a civil action for damages in a court having jurisdiction against a responsible party for breach of any provision of this Act...
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ENFORCEMENT: Consideration of appeal
If in an appeal under section 97 the court considers that the notice or decision against which the appeal is brought is not in accordance with the law...
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ENFORCEMENT: Right of appeal
A responsible party on whom an information or enforcement notice has been served may, within 30 days of receiving the notice...
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ENFORCEMENT: Cancellation of enforcement notice
A responsible party on whom an enforcement notice has been served may, at any time after the expiry of the period during which an appeal may be brought against that notice...
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ENFORCEMENT: Enforcement notice
If the Regulator, after having considered the recommendation of the Enforcement Committee in terms of section 93, is satisfied that a responsible party has interfered...
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ENFORCEMENT: Parties to be informed of developments during and result of investigation
If an investigation is made following a complaint, and the Regulator believes that no interference with the protection of the personal information...
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ENFORCEMENT: Functions of Enforcement Committee
The Enforcement Committee must consider all matters referred to it by the Regulator in terms of section 92 or the Promotion of Access to Information Act...
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ENFORCEMENT: Matters referred to Enforcement Committee
After completing the investigation of a complaint or other matter in terms of this Act, the Regulator may refer such complaint or other matter to the Enforcement Committee for consideration...
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ENFORCEMENT: Parties to be informed of result of assessment
After completing the assessment referred to in section 89 the Regulator must report to the responsible party the results of the assessment and any recommendations...
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ENFORCEMENT: Information notice
If the Regulatorhas received a request under section 89 in respect of any processing of personal information...
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ENFORCEMENT: Assessment
The Regulator, on its own initiative, or at the request by or on behalf of the responsible party, data subject or any other person must make an assessment in the prescribed manner...
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ENFORCEMENT: Return of warrants
A warrant issued under section 82 must be returned to the court from which it was issued after being executed...
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ENFORCEMENT: Objection to search and seizure
If the person in occupation of any premises in respect of which a warrant is issued under this Act objects to the inspection or seizure under the warrant of any material on the ground that it...
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ENFORCEMENT: Communication between legal adviser and client exempt
Subject to the provisions of this section, the powers of search and seizure conferred by a warrant issued under section 82 must not be exercised in respect of...
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ENFORCEMENT: Matters exempt from search and seizure
If the Regulator has granted an exemption in terms of section 37, the information that is processed in terms of that exemption is not subject to search and seizure empowered by a warrant issued under section 82...
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ENFORCEMENT: Execution of warrants
A police officer who is assisting a person authorised to conduct an entry and search in terms of a warrant issued under section 82 may overcome resistance to the entry and search...
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ENFORCEMENT: Requirements for issuing of warrant
A judge or magistrate must not issue a warrant under section 82 unless satisfied that the Regulator has given seven days...
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ENFORCEMENT: Issue of warrants
A judge of the High Court, a regional magistrate or a magistrate, if satisfied by information on oath supplied by the Regulator that there are reasonable grounds for suspecting that...
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ENFORCEMENT: Investigation proceedings of Regulator
For the purposes of the investigation of a complaint the Regulator may summon and enforce the appearance of persons before the Regulator and compel...
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ENFORCEMENT: Settlement of complaints
If it appears from a complaint, or any written response made in relation to a complaint under section 79(b)(ii), that it may be possible to secure...
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ENFORCEMENT: Pre-investigation proceedings of Regulator
Before proceeding to investigate any matter in terms of this Chapter, the Regulator must, in the prescribed manner, inform...
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ENFORCEMENT: Referral of complaint to regulatory body
If, on receiving a complaint in terms of section 74, the Regulator considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of another regulatory body...
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ENFORCEMENT: Regulator may decide to take no action on complaint
The Regulator, after investigating a complaint received in terms of section 73, may decide to take no action or, as the case may be, require no further action in respect of the complaint if, in the Regulator’s opinion...
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ENFORCEMENT: Action on receipt of complaint
On receiving a complaint in terms of section 74, the Regulator may conduct a pre-investigation as referred to in section 79...
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ENFORCEMENT: Mode of complaints to Regulator
A complaint to the Regulator must be made in writing...
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ENFORCEMENT: Complaints
Any person may submit a complaint to the Regulator in the prescribed manner and form alleging interference with the protection of the personal information of a data subject....
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ENFORCEMENT: Interference with protection of personal information of data subject
For the purposes of this Chapter, interference with the protection of the personal information of a data subject consists, in relation to that data subject, of...
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TRANSBORDER INFORMATION FLOWS: Transfers of personal information outside Republic
A responsible party in the Republic may not transfer personal information about a data subject to a third party who is in a foreign country unless...
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RIGHTS OF DATA SUBJECTS REGARDING DIRECT MARKETING BY MEANS OF UNSOLICITED ELECTRONIC COMMUNICATIONS, DIRECTORIES AND AUTOMATED DECISION MAKING: Automated decision making
Subject to subsection (2), a data subject may not be subject to a decision which results in legal consequences for him, her or it, or which affects him, her or it to a 20 substantial degree...
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RIGHTS OF DATA SUBJECTS REGARDING DIRECT MARKETING BY MEANS OF UNSOLICITED ELECTRONIC COMMUNICATIONS, DIRECTORIES AND AUTOMATED DECISION MAKING: Directories
A data subject who is a subscriber to a printed or electronic directory of subscribers available to the public or obtainable through directory enquiry services...
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RIGHTS OF DATA SUBJECTS REGARDING DIRECT MARKETING BY MEANS OF UNSOLICITED ELECTRONIC COMMUNICATIONS, DIRECTORIES AND AUTOMATED DECISION MAKING: Direct marketing by means of unsolicited electronic communications
The processing of personal information of a data subject for the purpose of direct marketing by means of any form of electronic communication...
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CODES OF CONDUCT: Effect of failure to comply with code of conduct
If a code issued under section 60 is in force, failure to comply with the code is deemed to be a breach of the conditions for the lawful processing of personal information...
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CODES OF CONDUCT: Review of operation of approved code of conduct
The Regulator may, on its own initiative, review the operation of an approved code of conduct...
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CODES OF CONDUCT: Register of approved codes of conduct
The Regulator must keep a register of approved codes of conduct...
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CODES OF CONDUCT: Guidelines about codes of conduct
The Regulator may provide written guidelines to assist bodies to develop codes of conduct or to apply approved codes of conduct...
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CODES OF CONDUCT: Amendment and revocation of codes of conduct
The Regulator may amend or revoke a code of conduct issued under section 60...
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CODES OF CONDUCT: Procedure for dealing with complaints
A code of conduct may prescribe procedures for making and dealing with complaints alleging a breach of the code, but no such provision may limit or restrict any provision of Chapter 10...
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CODES OF CONDUCT: Notification, availability and commencement of code of conduct
If a code of conduct is issued under section 60 the Regulator must ensure that there is published in the Gazette...
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CODES OF CONDUCT: Process for issuing codes of conduct
The Regulator may issue a code of conduct under section 60...
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CODES OF CONDUCT: Issuing of codes of conduct
The Regulator may from time to time issue codes of conduct...
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PRIOR AUTHORISATION: Failure to notify processing subject to prior authorisation
If section 58(1) or (2) is contravened, the responsible party is guilty of an offence and liable to a penalty as set out in section 107...
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PRIOR AUTHORISATION: Responsible party to notify Regulator if processing is subject to prior authorisation
Information processing as contemplated in section 57(1) must be notified as such by the responsible party to the Regulator...
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PRIOR AUTHORISATION: Processing subject to prior authorisation
The responsible party must obtain prior authorisation from the Regulator, in terms of section 58, prior to any processing if that responsible party plans to...
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SUPERVISION: Information Officer: Designation and delegation of deputy information officers
Each public and private body must make provision, in the manner prescribed in section 17 of the Promotion of Access to Information Act, with the necessary changes, for the designation of...
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SUPERVISION: Information Officer: Duties and responsibilities of Information Officer
An information officer’s responsibilities include the encouragement of compliance...
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SUPERVISION: Information Regulator: Duty of confidentiality
A person acting on behalf or under the direction of the Regulator, must, both during or after his or her term of office or employment...
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SUPERVISION: Information Regulator: Protection of Regulator
Any person acting on behalf or under the direction of the Regulator, is not civilly or criminally liable for anything done in good faith in the exercise or performance...
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SUPERVISION: Information Regulator: Funds
Funds of the Regulator consist of such sums of money that Parliament appropriates annually...
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SUPERVISION: Information Regulator: Meetings of Regulator
Meetings of the Regulator must be held at the times and places determined by the Chairperson of the Regulator...
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SUPERVISION: Information Regulator: Establishment of Enforcement Committee
The Regulator must establish an Enforcement Committee which must consist of...
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SUPERVISION: Information Regulator: Committees of Regulator
The Regulator may, if it considers it necessary for the proper performance of its functions establish one or more committees, which must consist of...
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SUPERVISION: Information Regulator: Powers, duties and functions of chief executive officer
The chief executive officer is the head of administration and the accounting officer...
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SUPERVISION: Information Regulator: Staff
The Regulator must establish its own administration to assist it in the performance of its functions and to this end the Regulator must appoint, or secure the secondment in terms of subsection (6) of...
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SUPERVISION: Information Regulator: Remuneration, allowances, benefits and privileges of members
A member of the Regulator or a person referred to in section 49(1)(b) or 50(1)(b) who is not subject to the provisions of the Public Service Act...
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SUPERVISION: Information Regulator: Conflict of interest
If any member of the Regulator or any person appointed by the Regulator in terms of this Act has a material interest in any matter which could conflict with the proper performance...
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SUPERVISION: Information Regulator: Regulator to have regard to certain matters
In the performance of its functions, and the exercise of its powers, under this Act the Regulator must...
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SUPERVISION: Information Regulator: Powers, duties and functions of Chairperson and other members
The Chairperson must exercise the powers and perform the duties...
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SUPERVISION: Information Regulator: Vacancies
A vacancy in the Regulator occurs if a member...
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SUPERVISION: Information Regulator: Appointment, term of office and removal of members of Regulator
The Regulator consists of the following members...
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SUPERVISION: Information Regulator: Powers, duties and functions of Regulator
The powers, duties and functions of the Regulator in terms of this Act are...
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SUPERVISION: Information Regulator: Establishment of Information Regulator
There is hereby established a juristic person to be known as the Information Regulator, which...
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EXEMPTION FROM CONDITIONS FOR PROCESSING OF PERSONAL INFORMATION: Exemption in respect of certain functions
Personal information processed for the purpose of discharging a relevant function is exempt...
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EXEMPTION FROM CONDITIONS FOR PROCESSING OF PERSONAL INFORMATION: Regulator may exempt processing of personal information
The Regulator may, by notice in the Gazette, grant an exemption to a responsible party to process personal information...
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EXEMPTION FROM CONDITIONS FOR PROCESSING OF PERSONAL INFORMATION: General
Processing of personal information is not in breach of a condition for the processing of such information if the...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Processing of personal information of children: General authorisation concerning personal information of children
The prohibition on processing personal information of children, as referred to in section 34, does not apply if the processing is...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Processing of personal information of children: Prohibition on processing personal information of children
A responsible party may, subject to section 35, not process personal information concerning a child...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Processing of special personal information: Authorisation concerning data subject’s criminal behaviour or biometric information
The prohibition on processing personal information concerning a data subject’s criminal behaviour or biometric information...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Processing of special personal information: Authorisation concerning data subject’s health or sex life
The prohibition on processing personal information concerning a data subject’s health or sex life, as referred to in section 26, does not apply to the processing by...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Processing of special personal information: Authorisation concerning data subject’s political persuasion
The prohibition on processing personal information concerning a data subject’s political persuasion...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Processing of special personal information: Authorisation concerning data subject’s trade union membership
The prohibition on processing personal information concerning a data subject’s trade union membership...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Processing of special personal information: Authorisation concerning data subject’s race or ethnic origin
The prohibition on processing personal information concerning a data subject’s race or ethnic origin, as referred to in section 26, does not apply if the processing is carried out to...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Processing of special personal information: Authorisation concerning data subject’s religious or philosophical beliefs
The prohibition on processing personal information concerning a data subject’s religious or philosophical beliefs, as referred to in section 26, does not apply if the processing is carried out by...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Processing of special personal information: General authorisation concerning special personal information
The prohibition on processing personal information, as referred to in section 26, does not apply if the...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Processing of special personal information: Prohibition on processing of special personal information
A responsible party may, subject to section 27, not process personal information concerning...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Data subject participation: Manner of access
The provisions of sections 18 and 53 of the Promotion of Access to Information Act apply to requests made in terms of section 23 of this Act...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Data subject participation: Correction of personal information
A data subject may, in the prescribed manner, request a responsible party to...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Data subject participation: Access to personal information
A data subject, having provided adequate proof of identity, has the right to...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Security Safeguards: Notification of security compromises
Where there are reasonable grounds to believe that the personal information of a data subject has been accessed or acquired by any unauthorised person, the responsible party must notify...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Security Safeguards: Security measures regarding information processed by operator
A responsible party must, in terms of a written contract between the responsible party and the operator...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Security Safeguards: Information processed by operator or person acting under authority
An operator or anyone processing personal information on behalf of a responsible party or an operator, must...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Security Safeguards: Security measures on integrity and confidentiality of personal information
A responsible party must secure the integrity and confidentiality of personal information in its possession or under its control by taking appropriate, reasonable technical and organisational measures to prevent...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Openness: Notification to data subject when collecting personal information
If personal information is collected, the responsible party must take reasonably practicable steps to ensure that the data subject is aware of...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Openness: Documentation
A responsible party must maintain the documentation of all processing operations under its responsibility as referred to in section 14 or 51 of the Promotion of Access to Information Act...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Information quality: Quality of information
A responsible party must take reasonably practicable steps to ensure that the personal information is complete, accurate, not misleading and updated where necessary...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Further processing limitation: Further processing to be compatible with purpose of collection
Further processing of personal information must be in accordance or compatible with the purpose for which it was collected in terms of section 13...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Purpose specification: Retention and restriction of records
Subject to subsections (2) and (3), records of personal information must not be retained any longer than is necessary for achieving the purpose for which the information was collected...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Purpose specification: Collection for specific purpose
Personal information must be collected for a specific, explicitly defined and lawful purpose related to a function or activity of the responsible party...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Processing limitation: Collection directly from data subject
Personal information must be collected directly from the data subject, except as otherwise provided for in subsection (2)...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Processing limitation: Consent, justification and objection
Personal information may only be processed if...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Processing limitation: Minimality
Personal information may only be processed if, given the purpose for which it is processed, it is adequate, relevant and not excessive...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Processing limitation: Lawfulness of processing
Personal information must be processed...
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PROCESSING OF PERSONAL INFORMATION IN GENERAL: Accountability: Responsible party to ensure conditions for lawful processing
The responsible party must ensure that the conditions set out in this Chapter...
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APPLICABLE PROVISIONS: Exclusion for journalistic, literary or artistic purposes
This Act does not apply to the processing of personal information solely for the purpose of journalistic...
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APPLICABLE PROVISIONS: Exclusions
This Act does not apply to the processing of personal information...
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APPLICABLE PROVISIONS: Rights of data subjects
A data subject has the right to have his, her or its personal information processed in accordance with the conditions for the lawful processing of personal information as referred to in Chapter 3, including the right...
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APPLICABLE PROVISIONS: Lawful processing of personal information
The conditions for the lawful processing of personal information by or for a responsible party are the following...
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APPLICABLE PROVISIONS: Application and interpretation of Law
This Act applies to the processing of personal data information...
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APPLICATION PROVISIONS: Purpose of Law
The purpose of this Act is to...
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APPLICATION PROVISIONS: Application and interpretation of Act
This Act applies to the processing of personal information...
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DEFINITIONS AND PURPOSE: Purpose of Act
The purpose of this Act is to...
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DEFINITIONS AND PURPOSE: Definitions
In this Act, unless the context indicates otherwise...
