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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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affect the protection of the personal information of data subjects, and
reporting to the Minister the results of that examination;
(iv) reporting upon request or on its own accord, to Parliament from time to
time on any policy matter affecting the protection of the personal
information of a data subject, including the need for, or desirability of,
taking legislative, administrative, or other action to give protection or
better protection to the personal information of a data subject;
(v) submitting a report to Parliament, within five months of the end of its
financial year, on all its activities in terms of this Act during that financial
year;
(vi) conducting an assessment, on its own initiative or when requested to do
so, of a public or private body, in respect of the processing of personal
information by that body for the purpose of ascertaining whether or not
the information is processed according to the conditions for the lawful
processing of personal information;
(vii) monitoring the use of unique identifiers of data subjects, and reporting to
Parliament from time to time on the results of that monitoring, including
any recommendation relating to the need of, or desirability of taking,
legislative, administrative, or other action to give protection, or better
protection, to the personal information of a data subject;
(viii) maintaining, publishing and making available and providing copies of
such registers as are prescribed in this Act; and
(ix) examining any proposed legislation that makes provision for the—
(aa) collection of personal information by any public or private
body; or
(bb) disclosure of personal information by one public or private
body to any other public or private body, or both, to have
particular regard, in the course of that examination, to the
matters set out in section 44(2), in any case where the
Regulator considers that the information might be used for the
purposes of an information matching programme,
and reporting to the Minister and Parliament the results of that
examination;
(c) to consult with interested parties by—
(i) receiving and inviting representations from members of the public on
any matter affecting the personal information of a data subject;
(ii) co-operating on a national and international basis with other persons and
bodies concerned with the protection of personal information; and
(iii) acting as mediator between opposing parties on any matter that concerns
the need for, or the desirability of, action by a responsible party in the
interests of the protection of the personal information of a data subject;
(d) to handle complaints by—
(i) receiving and investigating complaints about alleged violations of the
protection of personal information of data subjects and reporting to
complainants in respect of such complaints;
(ii) gathering such information as in the Regulator’s opinion will assist the
Regulator in discharging the duties and carrying out the Regulator’s
functions under this Act;
(iii) attempting to resolve complaints by means of dispute resolution
mechanisms such as mediation and conciliation; and
(iv) serving any notices in terms of this Act and further promoting the
resolution of disputes in accordance with the prescripts of this Act;

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