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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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(d) where agreement cannot be reached between the responsible party and the
data subject, and if the data subject so requests, take such steps as are
reasonable in the circumstances, to attach to the information in such a manner
that it will always be read with the information, an indication that a correction
of the information has been requested but has not been made.
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(3) If the responsible party has taken steps under subsection (2) that result in a change
to the information and the changed information has an impact on decisions that have
been or will be taken in respect of the data subject in question, the responsible party
must, if reasonably practicable, inform each person or body or responsible party to
whom the personal information has been disclosed of those steps.
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(4) The responsible party must notify a data subject, who has made a request in terms
of subsection (1), of the action taken as a result of the request.
Manner of access
25. 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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Part B
Processing of special personal information
Prohibition on processing of special personal information
26. A responsible party may, subject to section 27, not process personal information
concerning—
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(a) the religious or philosophical beliefs, race or ethnic origin, trade union
membership, political persuasion, health or sex life or biometric information
of a data subject; or
(b) the criminal behaviour of a data subject to the extent that such information
relates to—
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(i) the alleged commission by a data subject of any offence; or
(ii) any proceedings in respect of any offence allegedly committed by a data
subject or the disposal of such proceedings.
General authorisation concerning special personal information
27. (1) The prohibition on processing personal information, as referred to in section
26, does not apply if the—
(a) processing is carried out with the consent of a data subject referred to in
section 26;
(b) processing is necessary for the establishment, exercise or defence of a right or
obligation in law;
(c) processing is necessary to comply with an obligation of international public
law;
(d) processing is for historical, statistical or research purposes to the extent that—
(i) the purpose serves a public interest and the processing is necessary for
the purpose concerned; or
(ii) it appears to be impossible or would involve a disproportionate effort to
ask for consent,
and sufficient guarantees are provided for to ensure that the processing does
not adversely affect the individual privacy of the data subject to a
disproportionate extent;
(e) information has deliberately been made public by the data subject; or
(f) provisions of sections 28 to 33 are, as the case may be, complied with.
(2) The Regulator may, subject to subsection (3), upon application by a responsible
party and by notice in the Gazette, authorise a responsible party to process special
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