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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 41 Appointment, term of office and removal of members of Regulator
- The Regulator consists of the following members:
- A Chairperson; and
- four other persons, as ordinary members of the Regulator.
- Members of the Regulator must be appropriately qualified, fit and proper persons—
- 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
- the remainder of whom must be appointed on account of any other qualifications, expertise and experience relating to the objects of the Regulator.
- 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.
- The ordinary members of the Regulator must be appointed as follows:
- Two ordinary members in a full-time capacity; and
- two ordinary members in a full-time or part-time capacity.
- 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.
- The Chairperson must direct the work of the Regulator and the staff of the Regulator.
- A person may not be appointed as a member of the Regulator if he or she—
- is not a citizen of the Republic;
- is a public servant;
- is a member of Parliament, any provincial legislature or any municipal council;
- is an office-bearer or employee of any political party;
- is an unrehabilitated insolvent;
- has been declared by a court to be mentally ill or unfit; or
- has at any time been convicted, whether in the Republic or elsewhere, of any offence involving dishonesty.
- The Regulator consists of the following members:
- The Chairperson and the members of the Regulator referred to in subsection (1)(a) must be appointed by the President on the recommendation of the National Assembly, which recommendation must also indicate which ordinary members must be appointed in a full-time or part-time capacity.
- The National Assembly must recommend persons—
- nominated by a committee of the Assembly composed of members of parties represented in the Assembly; and
- approved by the Assembly by a resolution adopted with a supporting vote of a majority of the members of the Assembly.
- The members of the Regulator will be appointed for a period of not more than five years and will, at the expiration of such period, be eligible for reappointment.
- The Chairperson of the Regulator or a member who has been appointed in a full-time capacity may, notwithstanding the provisions of subsection (1)(c) or (e), only perform or undertake to perform any other remunerative work during the period that he or she holds office as Chairperson or member with the prior written consent of the Minister.
- A person appointed as a member of the Regulator may, upon written notice to the President, resign from office.
- A member may be removed from office only on—
- the ground of misconduct, incapacity or incompetence;
- a finding to that effect by a committee of the National Assembly; and
- the adoption by the National Assembly of a resolution calling for that person’s removal from office.
- A resolution of the National Assembly concerning the removal from office of a member of the Regulator must be adopted with a supporting vote of a majority of the members of the Assembly.
- The President—
- may suspend a member from office at any time after the start of the proceedings of a committee of the National Assembly for the removal of that member; and
- must remove a member from office upon adoption by the Assembly of the resolution calling for that member’s removal.
- A member may be removed from office only on—