Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998
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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) recklessly makes a statement which is false, in a material respect,
is guilty of an offence.
Offences by witnesses
104. (1) Any person summoned in terms of section 81 to attend and give evidence or
to produce any book, document or object before the Regulator who, without sufficient 5
cause fails—
(a) to attend at the time and place specified in the summons;
(b) to remain in attendance until conclusion of the proceedings or until he or she
is excused by the Chairperson of the Regulator from further attendance;
(c) having attended, refuses to be sworn or to make an affirmation as witness after 10
he or she has been required by the Chairperson of the Regulator to do so;
(d) having been sworn or having made an affirmation, to answer fully and
satisfactorily any question lawfully put to him or her; or
(e) to produce any book, document or object in his or her possession or custody
or under his or her control, which he or she has been summoned to produce, 15
is guilty of an offence.
(2) Any person who after having been sworn or having made an affirmation, gives
false evidence before the Regulator on any matter, knowing such evidence to be false or
not knowing or believing it to be true, is guilty of an offence.
Unlawful acts by responsible party in connection with account number
105. (1) A responsible party who contravenes the provisions of section 8 insofar as
those provisions relate to the processing of an account number of a data subject is,
subject to subsections (2) and (3), guilty of an offence.
(2) The contravention referred to in subsection (1) must—
(a) be of a serious or persistent nature; and
(b) likely cause substantial damage or distress to the data subject.
(3) The responsible party must—
(a) have known or ought to have known that—
(i) there was a risk that the contravention would occur; or
(ii) such contravention would likely cause substantial damage or distress to
the data subject; and
(b) have failed to take reasonable steps to prevent the contravention.
(4) Whenever a responsible party is charged with an offence under subsection (1), it
is a valid defence to such a charge to contend that he or she has taken all reasonable steps
to comply with the provisions of section 8.
(5) ‘‘Account number’’, for purposes of this section and section 106, means any
unique identifier that has been assigned—
(a) to one data subject only; or
(b) jointly to more than one data subject,
by a financial or other institution which enables the data subject, referred to in paragraph
(a), to access his, her or its own funds or to access credit facilities or which enables a
data subject, referred to in paragraph (b), to access joint funds or to access joint credit
facilities.
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Unlawful acts by third parties in connection with account number
106. (1) A person who knowingly or recklessly, without the consent of the responsible 45
party—
(a) obtains or discloses an account number of a data subject; or
(b) procures the disclosure of an account number of a data subject to another
person,
is, subject to subsection (2), guilty of an offence.
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