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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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(b) on the application, in the prescribed form, by a body which is, in the opinion
of the Regulator, sufficiently representative of any class of bodies, or of any
industry, profession, or vocation as defined in the code in respect of such class
of bodies or of any such industry, profession or vocation.
(2) The Regulator must give notice in the Gazette that the issuing of a code of conduct 5
is being considered, which notice must contain a statement that—
(a) the details of the code of conduct being considered, including a draft of the
proposed code, may be obtained from the Regulator; and
(b) submissions on the proposed code may be made in writing to the Regulator
within such period as is specified in the notice.
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(3) The Regulator may not issue a code of conduct unless it has considered the
submissions made to the Regulator in terms of subsection (2)(b), if any, and is satisfied
that all persons affected by the proposed code have had a reasonable opportunity to be
heard.
(4) The decision as to whether an application for the issuing of a code has been 15
successful must be made within a reasonable period which must not exceed 13 weeks.
Notification, availability and commencement of code of conduct
62. (1) If a code of conduct is issued under section 60 the Regulator must ensure
that—
(a) there is published in the Gazette, as soon as reasonably practicable after the 20
code is issued, a notice indicating—
(i) that the code has been issued; and
(ii) where copies of the code are available for inspection free of charge and
for purchase; and
(b) as long as the code remains in force, copies of it are available—
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(i) on the Regulator’s website;
(ii) for inspection by members of the public free of charge at the Regulator’s
offices; and
(iii) for purchase or copying by members of the public at a reasonable price
at the Regulator’s offices.
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(2) A code of conduct issued under section 60 comes into force on the 28th day after
the date of its notification in the Gazette or on such later date as may be specified in the
code and is binding on every class or classes of body, industry, profession or vocation
referred to therein.
Procedure for dealing with complaints
63. (1) A code of conduct may prescribe procedures for making and dealing with
complaints alleging a breach of the code, but no such provision may limit or restrict any
provision of Chapter 10.
(2) If the code sets out procedures for making and dealing with complaints, the
Regulator must be satisfied that—
(a) the procedures meet the—
(i) prescribed standards; and
(ii) guidelines issued by the Regulator in terms of section 65,
relating to the making of and dealing with complaints;
(b) the code provides for the appointment of an independent adjudicator to whom
complaints may be made;
(c) the code provides that, in exercising his or her powers and performing his or
her functions, under the code, an adjudicator for the code must have due
regard to the matters listed in section 44;
(d) the code requires the adjudicator to prepare and submit a report, in a form
satisfactory to the Regulator, to the Regulator within five months of the end of
a financial year of the Regulator on the operation of the code during that
financial year; and
(e) the code requires the report prepared for each year to specify the number and
nature of complaints made to an adjudicator under the code during the
relevant financial year.
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