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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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(3) A responsible party or data subject who is aggrieved by a determination, including
any declaration, order or direction that is included in the determination, made by an
adjudicator after having investigated a complaint relating to the protection of personal
information under an approved code of conduct, may submit a complaint in terms of
section 74(2) with the Regulator against the determination upon payment of a prescribed
fee.
(4) The adjudicator’s determination continues to have effect unless and until the
Regulator makes a determination under Chapter 10 relating to the complaint or unless
the Regulator determines otherwise.
Amendment and revocation of codes of conduct
5
10
64. (1) The Regulator may amend or revoke a code of conduct issued under section
60.
(2) The provisions of sections 60 to 63 apply in respect of any amendment or
revocation of a code of conduct.
Guidelines about codes of conduct
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65. (1) The Regulator may provide written guidelines—
(a) to assist bodies to develop codes of conduct or to apply approved codes of
conduct;
(b) relating to making and dealing with complaints under approved codes of
conduct; and
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(c) about matters the Regulator may consider in deciding whether to approve a
code of conduct or a variation or revocation of an approved code of conduct.
(2) The Regulator must have regard to the guidelines as set out in section 7(3)(a) to
(d) when considering the approval of a code of conduct for the processing of personal
information for exclusively journalistic purposes where the responsible party is not 25
subject to a code of ethics as referred to in section 7(1).
(3) Before providing guidelines for the purposes of subsection (1)(b), the Regulator
must give everyone the Regulator considers has a real and substantial legitimate interest
in the matters covered by the proposed guidelines an opportunity to comment on them.
(4) The Regulator must publish guidelines provided under subsection (1) in the 30
Gazette.
Register of approved codes of conduct
66. (1) The Regulator must keep a register of approved codes of conduct.
(2) The Regulator may decide the form of the register and how it is to be kept.
(3) The Regulator must make the register available to the public in the way that the 35
Regulator determines.
(4) The Regulator may charge reasonable fees for—
(a) making the register available to the public; or
(b) providing copies of, or extracts from, the register.
Review of operation of approved code of conduct
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67. (1) The Regulator may, on its own initiative, review the operation of an approved
code of conduct.
(2) The Regulator may do one or more of the following for the purposes of the review:
(a) Consider the process under the code for making and dealing with complaints;
(b) inspect the records of an adjudicator for the code;
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(c) consider the outcome of complaints dealt with under the code;
(d) interview an adjudicator for the code; and
(e) appoint experts to review those provisions of the code that the Regulator
believes require expert evaluation.