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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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(e) the information is used for historical, statistical or research purposes and the
responsible party ensures that the further processing is carried out solely for
such purposes and will not be published in an identifiable form; or
(f) the further processing of the information is in accordance with an exemption
granted under section 37.
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Condition 5
Information quality
Quality of information
16. (1) A responsible party must take reasonably practicable steps to ensure that the
personal information is complete, accurate, not misleading and updated where 10
necessary.
(2) In taking the steps referred to in subsection (1), the responsible party must have
regard to the purpose for which personal information is collected or further processed.
Condition 6
Openness
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Documentation
17. 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.
Notification to data subject when collecting personal information
18. (1) If personal information is collected, the responsible party must take reasonably
practicable steps to ensure that the data subject is aware of—
(a) the information being collected and where the information is not collected
from the data subject, the source from which it is collected;
(b) the name and address of the responsible party;
(c) the purpose for which the information is being collected;
(d) whether or not the supply of the information by that data subject is voluntary
or mandatory;
(e) the consequences of failure to provide the information;
(f) any particular law authorising or requiring the collection of the information;
(g) the fact that, where applicable, the responsible party intends to transfer the
information to a third country or international organisation and the level of
protection afforded to the information by that third country or international
organisation;
(h) any further information such as the—
(i) recipient or category of recipients of the information;
(ii) nature or category of the information;
(iii) existence of the right of access to and the right to rectify the information
collected;
(iv) existence of the right to object to the processing of personal information
as referred to in section 11(3); and
(v) right to lodge a complaint to the Information Regulator and the contact
details of the Information Regulator,
which is necessary, having regard to the specific circumstances in which the
information is or is not to be processed, to enable processing in respect of the
data subject to be reasonable.
(2) The steps referred to in subsection (1) must be taken—
(a) if the personal information is collected directly from the data subject, before
the information is collected, unless the data subject is already aware of the
information referred to in that subsection; or
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