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No. 37067
GOVERNMENT GAZETTE, 26 November 2013
Act No. 4 of 2013
Protection of Personal Information Act, 2013
GENERAL EXPLANATORY NOTE:
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Words in bold type in square brackets indicate omissions from
existing enactments.
Words underlined with a solid line indicate insertions in
existing enactments.
(English text signed by the President)
(Assented to 19 November 2013)
ACT
To promote the protection of personal information processed by public and private
bodies; to introduce certain conditions so as to establish minimum requirements
for the processing of personal information; to provide for the establishment of an
Information Regulator to exercise certain powers and to perform certain duties
and functions in terms of this Act and the Promotion of Access to Information Act,
2000; to provide for the issuing of codes of conduct; to provide for the rights of
persons regarding unsolicited electronic communications and automated decision
making; to regulate the flow of personal information across the borders of the
Republic; and to provide for matters connected therewith.
PREAMBLE
RECOGNISING THAT—
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section 14 of the Constitution of the Republic of South Africa, 1996, provides that
everyone has the right to privacy;
the right to privacy includes a right to protection against the unlawful collection,
retention, dissemination and use of personal information;
the State must respect, protect, promote and fulfil the rights in the Bill of Rights;
AND BEARING IN MIND THAT—
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consonant with the constitutional values of democracy and openness, the need for
economic and social progress, within the framework of the information society,
requires the removal of unnecessary impediments to the free flow of information,
including personal information;
AND IN ORDER TO—
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regulate, in harmony with international standards, the processing of personal
information by public and private bodies in a manner that gives effect to the right
to privacy subject to justifiable limitations that are aimed at protecting other rights
and important interests,