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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) act, at any time during the investigation and where appropriate, as conciliator
in relation to any interference with the protection of the personal information
of a data subject in the prescribed manner;
(c) decide, in accordance with section 77, to take no action on the complaint or,
as the case may be, require no further action in respect of the complaint;
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(d) conduct a full investigation of the complaint;
(e) refer the complaint, in terms of section 92, to the Enforcement Committee; or
(f) take such further action as is contemplated by this Chapter.
(2) The Regulator must, as soon as is reasonably practicable, advise the complainant
and the responsible party to whom the complaint relates of the course of action that the 10
Regulator proposes to adopt under subsection (1).
(3) The Regulator may, on its own initiative, commence an investigation into the
interference with the protection of the personal information of a data subject as referred
to in section 73.
Regulator may decide to take no action on complaint
77. (1) The Regulator, after investigating a complaint received in terms of section 73,
may decide to take no action or, as the case may be, require no further action in respect
of the complaint if, in the Regulator’s opinion—
(a) the length of time that has elapsed between the date when the subject matter
of the complaint arose and the date when the complaint was made is such that
an investigation of the complaint is no longer practicable or desirable;
(b) the subject matter of the complaint is trivial;
(c) the complaint is frivolous or vexatious or is not made in good faith;
(d) the complainant does not desire that action be taken or, as the case may be,
continued;
(e) the complainant does not have a sufficient personal interest in the subject
matter of the complaint; or
(f) in cases where the complaint relates to a matter in respect of which a code of
conduct is in force and the code of conduct makes provision for a complaints
procedure, the complainant has failed to pursue, or to pursue fully, an avenue
of redress available under that complaints procedure that it would be
reasonable for the complainant to pursue.
(2) Notwithstanding anything in subsection (1), the Regulator may in its discretion
decide not to take any further action on a complaint if, in the course of the investigation
of the complaint, it appears to the Regulator that, having regard to all the circumstances
of the case, any further action is unnecessary or inappropriate.
(3) In any case where the Regulator decides to take no action, or no further action, on
a complaint, the Regulator must inform the complainant of that decision and the reasons
for it.
Referral of complaint to regulatory body
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78. (1) If, on receiving a complaint in terms of section 74, the Regulator considers that
the complaint relates, in whole or in part, to a matter that is more properly within the
jurisdiction of another regulatory body established in terms of any law, the Regulator
must forthwith determine whether the complaint should be dealt with, in whole or in
part, under this Act after consultation with the body concerned.
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(2) If the Regulator determines that the complaint should be dealt with by another
body, the Regulator must forthwith refer the complaint to that body to be dealt with
accordingly and must notify the complainant of the referral.
Pre-investigation proceedings of Regulator
79. Before proceeding to investigate any matter in terms of this Chapter, the 50
Regulator must, in the prescribed manner, inform—