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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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(a) upon request of a competent person provide a reasonable means for that
person to—
(i) review the personal information processed; and
(ii) refuse to permit its further processing;
(b) provide notice—
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(i) regarding the nature of the personal information of children that is
processed;
(ii) how such information is processed; and
(iii) regarding any further processing practices;
(c) refrain from any action that is intended to encourage or persuade a child to 10
disclose more personal information about him- or herself than is reasonably
necessary given the purpose for which it is intended; and
(d) establish and maintain reasonable procedures to protect the integrity and
confidentiality of the personal information collected from children.
CHAPTER 4
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EXEMPTION FROM CONDITIONS FOR PROCESSING OF
PERSONAL INFORMATION
General
36. Processing of personal information is not in breach of a condition for the
processing of such information if the—
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(a) Regulator grants an exemption in terms of section 37; or
(b) processing is in accordance with section 38.
Regulator may exempt processing of personal information
37. (1) The Regulator may, by notice in the Gazette, grant an exemption to a
responsible party to process personal information, even if that processing is in breach of
a condition for the processing of such information, or any measure that gives effect to
such condition, if the Regulator is satisfied that, in the circumstances of the case—
(a) the public interest in the processing outweighs, to a substantial degree, any
interference with the privacy of the data subject that could result from such
processing; or
(b) the processing involves a clear benefit to the data subject or a third party that
outweighs, to a substantial degree, any interference with the privacy of the
data subject or third party that could result from such processing.
(2) The public interest referred to in subsection (1) includes—
(a) the interests of national security;
(b) the prevention, detection and prosecution of offences;
(c) important economic and financial interests of a public body;
(d) fostering compliance with legal provisions established in the interests referred
to under paragraphs (b) and (c);
(e) historical, statistical or research activity; or
(f) the special importance of the interest in freedom of expression.
(3) The Regulator may impose reasonable conditions in respect of any exemption
granted under subsection (1).
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30
35
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Exemption in respect of certain functions
38. (1) Personal information processed for the purpose of discharging a relevant 45
function is exempt from sections 11(3) and (4), 12, 15 and 18 in any case to the extent
to which the application of those provisions to the personal information would be likely
to prejudice the proper discharge of that function.
(2) ‘‘Relevant function’’ for purposes of subsection (1), means any function—
(a) of a public body; or
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