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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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(e) to conduct research and to report to Parliament—
(i) from time to time on the desirability of the acceptance, by South Africa,
of any international instrument relating to the protection of the personal
information of a data subject; and
(ii) on any other matter, including necessary legislative amendments,
relating to protection of personal information that, in the Regulator’s
opinion, should be drawn to Parliament’s attention;
(f) in respect of codes of conduct to—
(i) issue, from time to time, codes of conduct, amend codes and to revoke
codes of conduct;
(ii) make guidelines to assist bodies to develop codes of conduct or to apply
codes of conduct; and
(iii) consider afresh, upon application, determinations by adjudicators under
approved codes of conduct;
(g) to facilitate cross-border cooperation in the enforcement of privacy laws by
participating in any initiative that is aimed at such cooperation; and
(h) in general to—
(i) do anything incidental or conducive to the performance of any of the
preceding functions;
(ii) exercise and perform such other functions, powers, and duties as are
conferred or imposed on the Regulator by or under this Act or any other
legislation;
(iii) require the responsible party to disclose to any person affected by a
compromise to the integrity or confidentiality of personal information,
such compromise in accordance with section 22; and
(iv) exercise the powers conferred upon the Regulator by this Act in matters
relating to the access of information as provided by the Promotion of
Access to Information Act.
(2) The Regulator may, from time to time, in the public interest or in the legitimate
interests of any person or body of persons, publish reports relating generally to the
exercise of the Regulator’s functions under this Act or to any case or cases investigated
by the Regulator, whether or not the matters to be dealt with in any such report have been
the subject of a report to the Minister.
(3) The provisions of sections 3 and 4 of the Commissions Act, 1947 (Act No. 8 of
1947), will apply, with the necessary changes, to the Regulator.
(4) The powers and duties of the Regulator in terms of the Promotion of Access to
Information Act are set out in Parts 4 and 5 of that Act.
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Appointment, term of office and removal of members of Regulator
41. (1) (a) The Regulator consists of the following members:
(i) A Chairperson; and
(ii) four other persons, as ordinary members of the Regulator.
(b) Members of the Regulator must be appropriately qualified, fit and proper
persons—
(i) at least one of whom must be appointed on account of experience as a
practising advocate or attorney or a professor of law at a university; and
(ii) the remainder of whom must be appointed on account of any other
qualifications, expertise and experience relating to the objects of the
Regulator.
(c) The Chairperson of the Regulator must be appointed in a full-time capacity and
may, subject to subsection (4), not perform or undertake to perform any other
remunerative work during the period in which he or she holds office as Chairperson.
(d) The ordinary members of the Regulator must be appointed as follows:
(i) Two ordinary members in a full-time capacity; and
(ii) two ordinary members in a full-time or part-time capacity.
(e) The members referred to in paragraph (d) who are appointed in a full-time
capacity, may, subject to subsection (4), not perform or undertake to perform any other
remunerative work during the period in which they hold office.
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