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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(2) Whenever a person is charged with an offence under subsection (1), it is a valid
defence to such a charge to contend that—
(a) the obtaining, disclosure or procuring of the account number was—
(i) necessary for the purpose of the prevention, detection, investigation or
proof of an offence; or
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(ii) required or authorised in terms of the law or in terms of a court order;
(b) he or she acted in the reasonable belief that he or she was legally entitled to
obtain or disclose the account number or, as the case may be, to procure the
disclosure of the account number to the other person;
(c) he or she acted in the reasonable belief that he or she would have had the 10
consent of the responsible party if the responsible party had known of the
obtaining, disclosing or procuring and the circumstances of it; or
(d) in the particular circumstances the obtaining, disclosing or procuring was in
the public interest.
(3) A person who sells an account number which he or she has obtained in 15
contravention of subsection (1), is guilty of an offence.
(4) A person who offers to sell the account number of a data subject which that
person—
(a) has obtained; or
(b) subsequently obtained,
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in contravention of subsection (1), is guilty of an offence.
(5) For the purposes of subsection (4), an advertisement indicating that an account
number of a data subject is or may be for sale is an offer to sell the information.
Penalties
107. Any person convicted of an offence in terms of this Act, is liable, in the case of 25
a contravention of—
(a) section 100, 103(1), 104(2), 105(1), 106(1), (3) or (4) to a fine or to
imprisonment for a period not exceeding 10 years, or to both a fine and such
imprisonment; or
(b) section 59, 101, 102, 103(2) or 104(1), to a fine or to imprisonment for a 30
period not exceeding 12 months, or to both a fine and such imprisonment.
Magistrate’s Court jurisdiction to impose penalties
108. Despite anything to the contrary contained in any other law, a Magistrate’s Court
has jurisdiction to impose any penalty provided for in section 107.
Administrative fines
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109. (1) If a responsible party is alleged to have committed an offence in terms of this
Act, the Regulator may cause to be delivered by hand to that person (hereinafter referred
to as the infringer) an infringement notice which must contain the particulars
contemplated in subsection (2).
(2) A notice referred to in subsection (1) must—
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(a) specify the name and address of the infringer;
(b) specify the particulars of the alleged offence;
(c) specify the amount of the administrative fine payable, which amount may,
subject to subsection (10), not exceed R10 million;
(d) inform the infringer that, not later than 30 days after the date of service of the 45
infringement notice, the infringer may—
(i) pay the administrative fine;
(ii) make arrangements with the Regulator to pay the administrative fine in
instalments; or
(iii) elect to be tried in court on a charge of having committed the alleged 50
offence referred to in terms of this Act; and