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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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SCHEDULE
Laws amended by section 110
CHAPTER 1
DEFINITIONS AND PURPOSE
Definitions
1. In this Act, unless the context indicates otherwise—
‘‘biometrics’’ means a technique of personal identification that is based on
physical, physiological or behavioural characterisation including blood typing,
fingerprinting, DNA analysis, retinal scanning and voice recognition;
‘‘child’’ means a natural person under the age of 18 years who is not legally
competent, without the assistance of a competent person, to take any action or
decision in respect of any matter concerning him- or herself;
‘‘code of conduct’’ means a code of conduct issued in terms of Chapter 7;
‘‘competent person’’ means any person who is legally competent to consent to any
action or decision being taken in respect of any matter concerning a child;
‘‘consent’’ means any voluntary, specific and informed expression of will in terms
of which permission is given for the processing of personal information;
‘‘Constitution’’ means the Constitution of the Republic of South Africa, 1996;
‘‘data subject’’ means the person to whom personal information relates;
‘‘de-identify’’, in relation to personal information of a data subject, means to delete
any information that—
(a) identifies the data subject;
(b) can be used or manipulated by a reasonably foreseeable method to identify the
data subject; or
(c) can be linked by a reasonably foreseeable method to other information that
identifies the data subject,
and ‘‘de-identified’’ has a corresponding meaning;
‘‘direct marketing’’ means to approach a data subject, either in person or by mail
or electronic communication, for the direct or indirect purpose of—
(a) promoting or offering to supply, in the ordinary course of business, any goods
or services to the data subject; or
(b) requesting the data subject to make a donation of any kind for any reason;
‘‘electronic communication’’ means any text, voice, sound or image message sent
over an electronic communications network which is stored in the network or in the
recipient’s terminal equipment until it is collected by the recipient;
‘‘enforcement notice’’ means a notice issued in terms of section 95;
‘‘filing system’’ means any structured set of personal information, whether
centralised, decentralised or dispersed on a functional or geographical basis, which
is accessible according to specific criteria;
‘‘information matching programme’’ means the comparison, whether manually
or by means of any electronic or other device, of any document that contains
personal information about ten or more data subjects with one or more documents
that contain personal information of ten or more data subjects, for the purpose of
producing or verifying information that may be used for the purpose of taking any
action in regard to an identifiable data subject;
‘‘information officer’’ of, or in relation to, a—
(a) public body means an information officer or deputy information officer as
contemplated in terms of section 1 or 17; or
(b) private body means the head of a private body as contemplated in section 1,
of the Promotion of Access to Information Act;
‘‘Minister’’ means the Cabinet member responsible for the administration of
justice;
‘‘operator’’ means a person who processes personal information for a responsible
party in terms of a contract or mandate, without coming under the direct authority
of that party;
‘‘person’’ means a natural person or a juristic person;

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