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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 90 Information notice
- If the Regulator—
- has received a request under section 89 in respect of any processing of personal information; or
- reasonably requires any information for the purpose of determining whether the responsible party has interfered or is interfering with the personal information of a data subject,
- the Regulator may serve the responsible party with an information notice requiring the responsible party to furnish the Regulator, within a specified period, in a form specified in the notice, with a report indicating that the processing is taking place in compliance with the provisions of the Act, or with such information relating to the request or to compliance with the Act as is so specified.
- An information notice must contain particulars of the right of appeal conferred by section 97, and—
- in a case falling within subsection (1)(a), a statement that the Regulator has received a request under section 89 in relation to the specified processing; or
- in a case falling within subsection (1)(b), a statement that the Regulator regards the specified information as relevant for the purpose of determining whether the responsible party has complied, or is complying, with the conditions for the lawful processing of personal information and the reasons for regarding it as relevant for that purpose.
- Subject to subsection (5), the period specified in an information notice must not expire before the end of the period within which an appeal can be brought against the notice and, if such an appeal is brought, the information need not be furnished pending the determination or withdrawal of the appeal.
- If the Regulator considers that the information is required as a matter of urgency, it may include in the notice a statement to that effect and a statement of its reasons for reaching that conclusion, and in that event subsection (3) does not apply.
- A notice in terms of subsection (4) may not require the information to be furnished before the end of a period of three days beginning with the day on which the notice is served.
- An information notice may not require a responsible party to furnish the Regulator with any communication between a—
- professional legal adviser and his or her client in connection with the giving of legal advice on the client’s obligations, liabilities or rights under this Act; or
- professional legal adviser and his or her client, or between such an adviser or his or her client and any other person, made in connection with or in contemplation of proceedings under or arising out of this Act (including proceedings before a court) and for the purposes of such proceedings.
- In subsection (6) references to the client of a professional legal adviser include any person representing such a client.
- An information notice may not require a responsible party to furnish the Regulator with information that would, by revealing evidence of the commission of any offence other than an offence under this Act, expose the responsible party to criminal proceedings.
- The Regulator may cancel an information notice by written notice to the responsible party on whom it was served.