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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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(i) forming a political party;
(ii) participating in the activities of, or engaging in the recruitment of
members for or canvassing supporters or voters for, a political party with
the view to—
(aa) an election of the National Assembly or the provincial legislature as 5
regulated in terms of the Electoral Act, 1998 (Act No. 73 of 1998);
(bb) municipal elections as regulated in terms of the Local Government:
Municipal Electoral Act, 2000 (Act No. 27 of 2000); or
(cc) a referendum as regulated in terms of the Referendums Act, 1983
(Act No. 108 of 1983); or
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(iii) campaigning for a political party or cause.
(2) In the cases referred to under subsection (1), no personal information may be
supplied to third parties without the consent of the data subject.
Authorisation concerning data subject’s health or sex life
32. (1) The prohibition on processing personal information concerning a data
subject’s health or sex life, as referred to in section 26, does not apply to the processing
by—
(a) medical professionals, healthcare institutions or facilities or social services, if
such processing is necessary for the proper treatment and care of the data
subject, or for the administration of the institution or professional practice
concerned;
(b) insurance companies, medical schemes, medical scheme administrators and
managed healthcare organisations, if such processing is necessary for—
(i) assessing the risk to be insured by the insurance company or covered by
the medical scheme and the data subject has not objected to the
processing;
(ii) the performance of an insurance or medical scheme agreement; or
(iii) the enforcement of any contractual rights and obligations;
(c) schools, if such processing is necessary to provide special support for pupils
or making special arrangements in connection with their health or sex life;
(d) any public or private body managing the care of a child if such processing is
necessary for the performance of their lawful duties;
(e) any public body, if such processing is necessary in connection with the
implementation of prison sentences or detention measures; or
(f) administrative bodies, pension funds, employers or institutions working for
them, if such processing is necessary for—
(i) the implementation of the provisions of laws, pension regulations or
collective agreements which create rights dependent on the health or sex
life of the data subject; or
(ii) the reintegration of or support for workers or persons entitled to benefit
in connection with sickness or work incapacity.
(2) In the cases referred to under subsection (1), the information may only be
processed by responsible parties subject to an obligation of confidentiality by virtue of
office, employment, profession or legal provision, or established by a written agreement
between the responsible party and the data subject.
(3) A responsible party that is permitted to process information concerning a data
subject’s health or sex life in terms of this section and is not subject to an obligation of
confidentiality by virtue of office, profession or legal provision, must treat the
information as confidential, unless the responsible party is required by law or in
connection with their duties to communicate the information to other parties who are
authorised to process such information in accordance with subsection (1).
(4) The prohibition on processing any of the categories of personal information
referred to in section 26, does not apply if it is necessary to supplement the processing
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