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POPIA
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- Section 26 Prohibition on processing of special personal information
- Section 27 General authorisation concerning special personal information
- Section 28 Authorisation concerning data subject’s religious or philosophical beliefs
- Section 29 Authorisation concerning data subject’s race or ethnic origin
- Section 30 Authorisation concerning data subject’s trade union membership
- Section 31 Authorisation concerning data subject’s political persuasion
- Section 32 Authorisation concerning data subject’s health or sex life
- Section 33 Authorisation concerning data subject’s criminal behaviour or biometric information
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- Section 39 Establishment of Information Regulator
- Section 40 Powers, duties and functions of Regulator
- Section 41 Appointment, term of office and removal of members of Regulator
- Section 42 Vacancies
- Section 43 Powers, duties and functions of Chairperson and other members
- Section 44 Regulator to have regard to certain matters
- Section 45 Conflict of interest
- Section 46 Remuneration, allowances, benefits and privileges of members
- Section 47 Staff
- Section 48 Powers, duties and functions of chief executive officer
- Section 49 Committees of Regulator
- Section 50 Establishment of Enforcement Committee
- Section 51 Meetings of Regulator
- Section 52 Funds
- Section 53 Protection of Regulator
- Section 54 Duty of confidentiality
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- Section 60 Issuing of codes of conduct
- Section 61 Process for issuing codes of conduct
- Section 62 Notification, availability and commencement of code of conduct
- Section 63 Procedure for dealing with complaints
- Section 64 Amendment and revocation of codes of conduct
- Section 65 Guidelines about codes of conduct
- Section 66 Register of approved codes of conduct
- Section 67 Review of operation of approved code of conduct
- Section 68 Effect of failure to comply with code of conduct
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- Section 73 Interference with protection of personal information of data subject
- Section 74 Complaints
- Section 75 Mode of complaints to Regulator
- Section 76 Action on receipt of complaint
- Section 77 Regulator may decide to take no action on complaint
- Section 78 Referral of complaint to regulatory body
- Section 79 Pre-investigation proceedings of Regulator
- Section 80 Settlement of complaints
- Section 81 Investigation proceedings of Regulator
- Section 82 Issue of warrants
- Section 83 Requirements for issuing of warrant
- Section 84 Execution of warrants
- Section 85 Matters exempt from search and seizure
- Section 86 Communication between legal adviser and client exempt
- Section 87 Objection to search and seizure
- Section 88 Return of warrants
- Section 89 Assessment
- Section 90 Information notice
- Section 91 Parties to be informed of result of assessment
- Section 92 Matters referred to Enforcement Committee
- Section 93 Functions of Enforcement Committee
- Section 94 Parties to be informed of developments during and result of investigation
- Section 95 Enforcement notice
- Section 96 Cancellation of enforcement notice
- Section 97 Right of appeal
- Section 98 Consideration of appeal
- Section 99 Civil remedies
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- Section 100 Obstruction of Regulator
- Section 101 Breach of confidentiality
- Section 102 Obstruction of execution of warrant
- Section 103 Failure to comply with enforcement or information notices
- Section 104 Offences by witnesses
- Section 105 Unlawful acts by responsible party in connection with account number
- Section 106 Unlawful acts by third parties in connection with account number
- Section 107 Penalties
- Section 108 Magistrate’s Court jurisdiction to impose penalties
- Section 109 Administrative fines
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PAIA
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Section 35 General authorisation concerning personal information of children
- The prohibition on processing personal information of children, as referred to in section 34, does not apply if the processing is—
- carried out with the prior consent of a competent person;
- necessary for the establishment, exercise or defence of a right or obligation in law;
- necessary to comply with an obligation of international public law;
- for historical, statistical or research purposes to the extent that—
- the purpose serves a public interest and the processing is necessary for the purpose concerned; or
- it appears to be impossible or would involve a disproportionate effort to ask for consent,
- and sufficient guarantees are provided for to ensure that the processing does not adversely affect the individual privacy of the child to a disproportionate extent; or
- of personal information which has deliberately been made public by the child with the consent of a competent person.
- The Regulator may, notwithstanding the prohibition referred to in section 34, but subject to subsection (3), upon application by a responsible party and by notice in theGazette, authorise a responsible party to process the personal information of children if the processing is in the public interest and appropriate safeguards have been put in place to protect the personal information of the child.
- The Regulator may impose reasonable conditions in respect of any authorisation granted under subsection (2), including conditions with regard to how a responsible party must—
- upon request of a competent person provide a reasonable means for that person to—
- review the personal information processed; and
- refuse to permit its further processing;
- provide notice—
- regarding the nature of the personal information of children that is processed;
- how such information is processed; and
- regarding any further processing practices;
- refrain from any action that is intended to encourage or persuade a child to disclose more personal information about him- or herself than is reasonably necessary given the purpose for which it is intended; and
- establish and maintain reasonable procedures to protect the integrity and confidentiality of the personal information collected from children.
- upon request of a competent person provide a reasonable means for that person to—