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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 83 | Additional functions of Information Regulator
- The Information Regulator must –
- The Information Regulator must, to the extent that financial and other resources are available-
- develop and conduct educational programmes to advance the understanding of the public, in particular of disadvantaged communities, of this Act and of how to exercise the rights contemplated in this Act;
- encourage public and private bodies to participate in the development and conduct of programmes referred to in paragraph (a) and to undertake such programmes themselves; and
- promote timely and effective dissemination of accurate information by public bodies about their activities.
- The Information Regulator may –
- make recommendations for –
- the development, improvement, modernisation, reform or amendment of this Act or other legislation or common law having a bearing on access to information held by public and private bodies, respectively; and
- procedures in terms of which public and private bodies make information electronically available;
- monitor the implementation of this Act;
- if reasonably possible, on request, assist any person wishing to exercise a right contemplated in this Act;
- recommend to a public or private body that the body make such changes in the manner in which it administers this Act as the Commission considers advisable;
- train information officers and deputy information officers of public bodies;
(Section 83(3)(e) substituted by section 45 of Act 42 of 2001) - consult with and receive reports from public and private bodies on the problems encountered in complying with this Act;
- obtain advice from, consult with, or receive and consider proposals or recommendations from, any public or private body, official of such a body or member of the public in connection with the Commission’s functions in terms of this Act;
- for the purposes of section 84(b)(x), request the Public Protector to submit to the Commission information with respect to –
- the number of complaints lodged with the Public Protector in respect of a right conferred or duty imposed by this Act;
- the nature and outcome of those complaints; and
- generally, inquire into any matter, including any legislation, the common law and any practice and procedure, connected with the objects of this Act.
- make recommendations for –
- For the purpose of the annual report referred to in section 84 and if so requested by the Information Regulator, the head of a private body may furnish to that Commission information about requests for access to records of the body.
- If appropriate, and if financial and other resources are available, an official of a public body must afford the Information Regulator reasonable assistance for the effective performance of its functions in terms of this Act.
[Section 83 amended by section 110 (Schedule) of Act 4 of 2013]