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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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(5) A notice in terms of subsection (4) may not require the information to be furnished
before the end of a period of three days beginning with the day on which the notice is
served.
(6) An information notice may not require a responsible party to furnish the Regulator
with any communication between a—
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(a) professional legal adviser and his or her client in connection with the giving of
legal advice on the client’s obligations, liabilities or rights under this Act; or
(b) professional legal adviser and his or her client, or between such an adviser or
his or her client and any other person, made in connection with or in
contemplation of proceedings under or arising out of this Act (including 10
proceedings before a court) and for the purposes of such proceedings.
(7) In subsection (6) references to the client of a professional legal adviser include any
person representing such a client.
(8) An information notice may not require a responsible party to furnish the Regulator
with information that would, by revealing evidence of the commission of any offence 15
other than an offence under this Act, expose the responsible party to criminal
proceedings.
(9) The Regulator may cancel an information notice by written notice to the
responsible party on whom it was served.
Parties to be informed of result of assessment
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91. (1) After completing the assessment referred to in section 89 the Regulator—
(a) must report to the responsible party the results of the assessment and any
recommendations that the Regulator considers appropriate; and
(b) may, in appropriate cases, require the responsible party, within a specified
time, to inform the Regulator of any action taken or proposed to be taken to 25
implement the recommendations contained in the report or reasons why no
such action has been or is proposed to be taken.
(2) The Regulator may make public any information relating to the personal
information management practices of a responsible party that has been the subject of an
assessment under this section if the Regulator considers it in the public interest to do so. 30
(3) A report made by the Regulator under subsection (1) is deemed to be the
equivalent of an enforcement notice in terms of section 95.
Matters referred to Enforcement Committee
92. (1) After completing the investigation of a complaint or other matter in terms of
this Act, the Regulator may refer such complaint or other matter to the Enforcement 35
Committee for consideration, a finding in respect of the complaint or other matter and a
recommendation in respect of the proposed action to be taken by the Regulator as
referred to in section 93.
(2) The Regulator may prescribe the procedure to be followed by the Enforcement
Committee, including—
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(a) the manner in which the responsible party and data subject may make
submissions to the Enforcement Committee;
(b) the opportunity afforded to the parties who make submissions to the
Enforcement Committee to make use of legal or other representation;
(c) the period within which the Enforcement Committee must make a finding and 45
submit its recommendation to the Regulator in respect of the complaint or
other matter; and
(d) the manner in which the Enforcement Committee may finalise urgent matters.