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| South Africa NATIONAL LEGISLATION OVERVIEWS  |
||
Protection of Personal
Information Act, No. 4 of 2013
NOTE: Assented to and published in English, with alternative copy in Afrikaans except iro title/text/engrossments in the following section s110 Sch iro amendments to Act 2005_034_001, 055(2), 068, 136 and 137 (Xhosa/Afrikaans/Xhosa)**
NOTE: Assented to and published in English, with alternative copy in Afrikaans except iro title/text/engrossments in the following section s110 Sch iro amendments to Act 2005_034_001, 055(2), 068, 136 and 137 (Xhosa/Afrikaans/Xhosa)**
Long title
To promote the protection of personal information processed by public and private bodies; to introduce certain conditions so as to establish minimum requirements for the processing of personal information; to provide for the establishment of an Information Regulator to exercise certain powers and to perform certain duties and functions in terms of this Act and the Promotion of Access to Information Act, 2000; to provide for the issuing of codes of conduct; to provide for the rights of persons regarding unsolicited electronic communications and automated decision making; to regulate the flow of personal information across the borders of the Republic; and to provide for matters connected therewith.
Table of contents
| SECTION | TITLE |
| PREAMBLE | |
| CHAPTER 1 DEFINITIONS AND PURPOSE | |
| 1. | Definitions
|
| 2. | Purpose
of Act |
| CHAPTER
2 APPLICATION PROVISIONS |
|
| 3. | Application
and interpretation of Act |
| 2. | Oogmerk
van Wet [sic
- Afrikaans text] |
| HOOFSTUK 2 TOEPASSINGSBEPALINGS [sic - Afrikaans text] | |
| 3. | Toepassing en uitleg van Wet [sic - Afrikaans text] |
| ... |
|
| 4. | Lawful processing of personal information |
| 5. | Rights
of data subjects |
| 6. | Exclusions
|
| 7. | Exclusion
for journalistic, literary or artistic purposes |
| CHAPTER
3 CONDITIONS FOR LAWFUL PROCESSING OF PERSONAL INFORMATION |
|
| Part
A Processing of personal information in general |
|
| Condition 1 Accountability | |
| 8. | Responsible
party to ensure conditions for lawful processing |
| Condition
2 Processing limitation |
|
| 9. | Lawfulness
of processing |
| 10. | Minimality
|
| 11. | Consent,
justification and objection |
| 12. | Collection
directly from data subject Condition 3 Purpose specification |
| 13. | Collection
for specific purpose |
| 14. | Retention
and restriction of records |
| Condition 4 Further processing limitation | |
| 15. | Further
processing to be compatible with purpose of collection |
| Condition 5 Information quality | |
| 16. | Quality
of information |
| Condition
6 Openness |
|
| 17. | Documentation
|
| 18. | Notification
to data subject when collecting personal information |
| Condition
7 Security safeguards |
|
| 19. | Security measures on integrity and confidentiality of personal information |
| 20. | Information
processed by operator or person acting under authority |
| 21. | Security
measures regarding information processed by operator |
| 22. | Notification
of security compromises |
| Condition
8 Data subject participation |
|
| 23. | Access
to personal information |
| 24. | Correction of personal information |
| 25. | Manner
of access |
| Part
B Processing of special personal information |
|
| 26. | Prohibition
on processing of special personal information |
| 27. | General
authorisation concerning special personal information |
| 28. | Authorisation
concerning data subject’s religious or philosophical beliefs |
| 29. | Authorisation concerning data subject’s race or ethnic origin |
| 30. | Authorisation
concerning data subject’s trade union membership |
| 31. | Authorisation
concerning data subject’s political persuasion |
| 32. | Authorisation
concerning data subject’s health or sex life |
| 33. | Authorisation
concerning data subject’s criminal behaviour or biometric information |
| Part C Processing of personal information of children | |
| 34. | Prohibition
on processing personal information of children |
| 35. | General authorisation concerning personal information of children |
| CHAPTER 4 EXEMPTION FROM CONDITIONS FOR PROCESSING OF PERSONAL INFORMATION | |
| 36. | General
|
| 37. | Regulator
may exempt processing of personal information |
| 38. | Exemption
in respect of certain functions |
| CHAPTER
5 SUPERVISION |
|
| Part
A Information Regulator |
|
| 39. | Establishment of Information Regulator |
| 40. | Powers,
duties and functions of Regulator |
| 41. | Appointment,
term of office and removal of members of Regulator |
| 42. | Vacancies
|
| 43. | Powers,
duties and functions of Chairperson and other members |
| 44. | Regulator
to have regard to certain matters |
| 45. | Conflict of
interest |
| 46. | Remuneration,
allowances, benefits and privileges of members |
| 47. | Staff |
| 48. | Powers, duties
and functions of chief executive officer |
| 49. | Committees of Regulator |
| 50. | Establishment
of Enforcement Committee |
| 51. | Meetings of
Regulator |
| 52. | Funds |
| 53. | Protection of
Regulator |
| 54. | Duty of
confidentiality |
| Part B Information Officer | |
| 55. | Duties and
responsibilities of Information Officer |
| 56. | Designation
and delegation of deputy information officers |
| CHAPTER 6
PRIOR AUTHORISATION |
|
| Prior Authorisation |
|
| 57. | Processing subject to prior authorisation |
| 58. | Responsible
party to notify Regulator if processing is subject to prior
authorisation |
| 59. | Failure to
notify processing subject to prior authorisation |
| CHAPTER 7
CODES OF CONDUCT |
|
| 60. | Issuing of
codes of conduct |
| 61. | Process for issuing codes of conduct |
| 62. | Notification, availability and commencement of code of conduct |
| 63. | Procedure for dealing with complaints |
| 64. | Amendment and
revocation of codes of conduct |
| 65. | Guidelines
about codes of conduct |
| 66. | Register of
approved codes of conduct |
| 67. | Review of
operation of approved code of conduct |
| 68. | Effect of
failure to comply with code of conduct |
| CHAPTER 8 RIGHTS OF DATA SUBJECTS REGARDING DIRECT MARKETING BY MEANS OF UNSOLICITED ELECTRONIC COMMUNICATIONS, DIRECTORIES AND AUTOMATED DECISION MAKING | |
| 69. | Direct
marketing by means of unsolicited electronic communications |
| 70. | Directories |
| 71. | Automated
decision making |
| CHAPTER 9 TRANSBORDER INFORMATION FLOWS | |
| 72. | Transfers of
personal information outside Republic |
| CHAPTER 10
ENFORCEMENT |
|
| 73. | Interference
with protection of personal information of data subject |
| 74. | Complaints |
| 75. | Mode of
complaints to Regulator |
| 76. | Action on receipt of complaint |
| 77. | Regulator may decide to take no action on complaint |
| 78. | Referral of
complaint to regulatory body |
| 79. | Pre-investigation
proceedings of Regulator |
| 80. | Settlement of
complaints |
| 81. | Investigation
proceedings of Regulator |
| 82. | Issue of
warrants |
| 83. | Requirements
for issuing of warrant |
| 84. | Execution of warrants |
| 85. | Matters exempt
from search and seizure |
| 86. | Communication
between legal adviser and client exempt |
| 87. | Objection to
search and seizure |
| 88. | Return of
warrants |
| 89. | Assessment |
| 90. | Information
notice |
| 91. | Parties to be
informed of result of assessment |
| 92. | Matters
referred to Enforcement Committee |
| 93. | Functions of
Enforcement Committee |
| 94. | Parties to be
informed of developments during and result of investigation |
| 95. | Enforcement
notice |
| 96. | Cancellation of enforcement notice |
| 97. | Right of
appeal |
| 98. | Consideration
of appeal |
| 99. | Civil remedies
|
| CHAPTER 11 OFFENCES, PENALTIES AND ADMINISTRATIVE FINES | |
| 100. | Obstruction of
Regulator |
| 101. | Breach of
confidentiality |
| 102. | Obstruction of execution of warrant |
| 103. | Failure to
comply with enforcement or information notices |
| 104. | Offences by
witnesses |
| 105. | Unlawful acts
by responsible party in connection with account number |
| 106. | Unlawful acts by third parties in connection with account number |
| 107. | Penalties |
| 108. | Magistrate’s
Court jurisdiction to impose penalties |
| 109. | Administrative fines |
| CHAPTER 12 GENERAL PROVISIONS | |
| 110. | Amendment of
laws |
| 111. | Fees |
| 112. | Regulations |
| 113. | Procedure for
making regulations |
| 114. | Transitional
arrangements |
| 115. | Short title
and commencement |
| Sch. | SCHEDULE LAWS AMENDED BY SECTION 110 [s110] |
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