-
Quick Access
-
POPIA
-
-
-
- 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
-
-
-
- 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
- Show all articles ( 1 ) Collapse Articles
-
-
- 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
-
- 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
- Show all articles ( 12 ) Collapse Articles
-
- 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
-
PAIA
-
Print
Section 63 Procedure for dealing with complaints
- A code of conduct may prescribe procedures for making and dealing with complaints alleging a breach of the code, but no such provision may limit or restrict any provision of Chapter 10.
- If the code sets out procedures for making and dealing with complaints, the Regulator must be satisfied that—
- the procedures meet the—
- prescribed standards; and
- guidelines issued by the Regulator in terms of section 65, relating to the making of and dealing with complaints;
- the code provides for the appointment of an independent adjudicator to whom complaints may be made;
- the code provides that, in exercising his or her powers and performing his or her functions, under the code, an adjudicator for the code must have due regard to the matters listed in section 44;
- the code requires the adjudicator to prepare and submit a report, in a form satisfactory to the Regulator, to the Regulator within five months of the end of a financial year of the Regulator on the operation of the code during that financial year; and
- the code requires the report prepared for each year to specify the number and nature of complaints made to an adjudicator under the code during the relevant financial year.
- the procedures meet the—
- A responsible party or data subject who is aggrieved by a determination, including any declaration, order or direction that is included in the determination, made by an adjudicator after having investigated a complaint relating to the protection of personal information under an approved code of conduct, may submit a complaint in terms of section 74(2) with the Regulator against the determination upon payment of a prescribed fee.
- The adjudicator’s determination continues to have effect unless and until the Regulator makes a determination under Chapter 10 relating to the complaint or unless the Regulator determines otherwise.
Please follow and like us:
