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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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‘‘personal information’’ means information relating to an identifiable, living,
natural person, and where it is applicable, an identifiable, existing juristic person,
including, but not limited to—
(a) information relating to the race, gender, sex, pregnancy, marital status,
national, ethnic or social origin, colour, sexual orientation, age, physical or
mental health, well-being, disability, religion, conscience, belief, culture,
language and birth of the person;
(b) information relating to the education or the medical, financial, criminal or
employment history of the person;
(c) any identifying number, symbol, e-mail address, physical address, telephone
number, location information, online identifier or other particular assignment
to the person;
(d) the biometric information of the person;
(e) the personal opinions, views or preferences of the person;
(f) correspondence sent by the person that is implicitly or explicitly of a private
or confidential nature or further correspondence that would reveal the contents
of the original correspondence;
(g) the views or opinions of another individual about the person; and
(h) the name of the person if it appears with other personal information relating to
the person or if the disclosure of the name itself would reveal information
about the person;
‘‘prescribed’’ means prescribed by regulation or by a code of conduct;
‘‘private body’’ means—
(a) a natural person who carries or has carried on any trade, business or
profession, but only in such capacity;
(b) a partnership which carries or has carried on any trade, business or profession;
or
(c) any former or existing juristic person, but excludes a public body;
‘‘processing’’ means any operation or activity or any set of operations, whether or
not by automatic means, concerning personal information, including—
(a) the collection, receipt, recording, organisation, collation, storage, updating or
modification, retrieval, alteration, consultation or use;
(b) dissemination by means of transmission, distribution or making available in
any other form; or
(c) merging, linking, as well as restriction, degradation, erasure or destruction of
information;
‘‘professional legal adviser’’ means any legally qualified person, whether in
private practice or not, who lawfully provides a client, at his or her or its request,
with independent, confidential legal advice;
‘‘Promotion of Access to Information Act’’ means the Promotion of Access to
Information Act, 2000 (Act No. 2 of 2000);
‘‘public body’’ means—
(a) any department of state or administration in the national or provincial sphere
of government or any municipality in the local sphere of government; or
(b) any other functionary or institution when—
(i) exercising a power or performing a duty in terms of the Constitution or
a provincial constitution; or
(ii) exercising a public power or performing a public function in terms of any
legislation;
‘‘public record’’ means a record that is accessible in the public domain and which
is in the possession of or under the control of a public body, whether or not it was
created by that public body;
‘‘record’’ means any recorded information—
(a) regardless of form or medium, including any of the following:
(i) Writing on any material;
(ii) information produced, recorded or stored by means of any tape-recorder,
computer equipment, whether hardware or software or both, or other
device, and any material subsequently derived from information so
produced, recorded or stored;
(iii) label, marking or other writing that identifies or describes any thing of
which it forms part, or to which it is attached by any means;
(iv) book, map, plan, graph or drawing;
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