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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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(a) the complainant, the data subject to whom the investigation relates (if not the
complainant) and any person alleged to be aggrieved (if not the complainant),
of the Regulator’s intention to conduct the investigation; and
(b) the responsible party to whom the investigation relates of the—
(i) details of the complaint or, as the case may be, the subject matter of the
investigation; and
(ii) right of that responsible party to submit to the Regulator, within a
reasonable period, a written response in relation to the complaint or, as
the case may be, the subject-matter of the investigation.
Settlement of complaints
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80. If it appears from a complaint, or any written response made in relation to a
complaint under section 79(b)(ii), that it may be possible to secure—
(a) a settlement between any of the parties concerned; and
(b) if appropriate, a satisfactory assurance against the repetition of any action that
is the subject matter of the complaint or the doing of further actions of a 15
similar kind by the person concerned,
the Regulator may, without investigating the complaint or, as the case may be,
investigating the complaint further, in the prescribed manner, use its best endeavours to
secure such a settlement and assurance.
Investigation proceedings of Regulator
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81. For the purposes of the investigation of a complaint the Regulator may—
(a) summon and enforce the appearance of persons before the Regulator and
compel them to give oral or written evidence on oath and to produce any
records and things that the Regulator considers necessary to investigate the
complaint, in the same manner and to the same extent as the High Court;
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(b) administer oaths;
(c) receive and accept any evidence and other information, whether on oath, by
affidavit or otherwise, that the Regulator sees fit, whether or not it is or would
be admissible in a court of law;
(d) at any reasonable time, subject to section 81, enter and search any premises 30
occupied by a responsible party;
(e) conduct a private interview with any person in any premises entered under
section 84 subject to section 82; and
(f) otherwise carry out in those premises any inquiries that the Regulator sees fit
in terms of section 82.
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Issue of warrants
82. (1) A judge of the High Court, a regional magistrate or a magistrate, if satisfied by
information on oath supplied by the Regulator that there are reasonable grounds for
suspecting that—
(a) a responsible party is interfering with the protection of the personal 40
information of a data subject; or
(b) an offence under this Act has been or is being committed,
and that evidence of the contravention or of the commission of the offence is to be found
on any premises specified in the information, that are within the jurisdiction of that judge
or magistrate, may, subject to subsection (2), grant a warrant to enter and search such 45
premises.
(2) A warrant issued under subsection (1) authorises any of the Regulator’s members
or staff members, subject to section 84, at any time within seven days of the date of the
warrant to enter the premises as identified in the warrant, to search them, to inspect,
examine, operate and test any equipment found there which is used or intended to be 50