Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998
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No. 37067
GOVERNMENT GAZETTE, 26 November 2013
Act No. 4 of 2013
Protection of Personal Information Act, 2013
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(ii) the purpose of which is the prevention, detection, including assistance in
the identification of the proceeds of unlawful activities and the
combating of money laundering activities, investigation or proof of
offences, the prosecution of offenders or the execution of sentences or
security measures,
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to the extent that adequate safeguards have been established in legislation for
the protection of such personal information;
(d) by the Cabinet and its committees or the Executive Council of a province; or
(e) relating to the judicial functions of a court referred to in section 166 of the
Constitution.
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(2) ‘‘Terrorist and related activities’’, for purposes of subsection (1)(c), means
those activities referred to in section 4 of the Protection of Constitutional Democracy
against Terrorist and Related Activities Act, 2004 (Act No. 33 of 2004).
Exclusion for journalistic, literary or artistic purposes
7. (1) This Act does not apply to the processing of personal information solely for the
purpose of journalistic, literary or artistic expression to the extent that such an exclusion
is necessary to reconcile, as a matter of public interest, the right to privacy with the right
to freedom of expression.
(2) Where a responsible party who processes personal information for exclusively
journalistic purposes is, by virtue of office, employment or profession, subject to a code
of ethics that provides adequate safeguards for the protection of personal information,
such code will apply to the processing concerned to the exclusion of this Act and any
alleged interference with the protection of the personal information of a data subject that
may arise as a result of such processing must be adjudicated as provided for in terms of
that code.
(3) In the event that a dispute may arise in respect of whether adequate safeguards
have been provided for in a code as required in terms of subsection (2) or not, regard
may be had to—
(a) the special importance of the public interest in freedom of expression;
(b) domestic and international standards balancing the—
(i) public interest in allowing for the free flow of information to the public
through the media in recognition of the right of the public to be informed;
and
(ii) public interest in safeguarding the protection of personal information of
data subjects;
(c) the need to secure the integrity of personal information;
(d) domestic and international standards of professional integrity for journalists;
and
(e) the nature and ambit of self-regulatory forms of supervision provided by the
profession.
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CHAPTER 3
CONDITIONS FOR LAWFUL PROCESSING OF PERSONAL INFORMATION
Part A
Processing of personal information in general
Condition 1
Accountability
Responsible party to ensure conditions for lawful processing
8. The responsible party must ensure that the conditions set out in this Chapter, and all
the measures that give effect to such conditions, are complied with at the time of the
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