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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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(4) (a) Subject to subsection (2), a decision of the Regulator is taken by resolution
agreed to by the majority of members at any meeting of the Regulator.
(b) In the event of an equality of votes regarding any matter the Chairperson has a
casting vote in addition to his or her deliberative vote.
Funds
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52. (1) Funds of the Regulator consist of—
(a) such sums of money that Parliament appropriates annually, for the use of the
Regulator as may be necessary for the proper exercise, performance and
discharge, by the Regulator, of its powers, duties and functions under this Act
and the Promotion of Access to Information Act; and
(b) fees as may be prescribed in terms of section 111(1).
(2) The financial year of the Regulator is the period from 1 April in any year to 31
March in the following year, except that the first financial year of the Regulator begins
on the date that this Chapter comes into operation, and ends on 31 March next following
that date.
(3) The chief executive officer of the Regulator is for purposes of the Public Finance
Management Act, 1999 (Act No. 1 of 1999), the accounting officer and must execute his
or her duties in accordance with that Act.
(4) Within six months after the end of each financial year, the Regulator must prepare
financial statements in accordance with established accounting practice, principles and
procedures, comprising—
(a) a statement reflecting, with suitable and sufficient particulars, the income and
expenditure of the Regulator during the preceding financial year; and
(b) a balance sheet showing the state of its assets, liabilities and financial position
as at the end of that financial year.
(5) The Auditor-General must audit the Regulator’s financial records each year.
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Protection of Regulator
53. 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 or
purported exercise or performance of any power, duty or function of the Regulator in 30
terms of this Act or the Promotion of Access to Information Act.
Duty of confidentiality
54. 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, treat as confidential the personal
information which comes to his or her knowledge in the course of the performance of his 35
or her official duties, except if the communication of such information is required by law
or in the proper performance of his or her duties.
Part B
Information Officer
Duties and responsibilities of Information Officer
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55. (1) An information officer’s responsibilities include—
(a) the encouragement of compliance, by the body, with the conditions for the
lawful processing of personal information;
(b) dealing with requests made to the body pursuant to this Act;
(c) working with the Regulator in relation to investigations conducted pursuant to 45
Chapter 6 in relation to the body;