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Films and Publications Act, 1996 (Act No. 65 of 1996)

Procedures

Film and Publication Board Complaints Handling Procedures

Chapter 3 : Lodging Complaints

8. Confidentiality

 

(1) A complainant may, when lodging a complaint, or at any stage thereafter, request that their personal particulars be kept confidential and not be disclosed to any person outside the FPB’s offices.

 

(2) If the complainant is a child or a person with a mental disability, the personal information of the complainant must be kept confidential and not be disclosed to any person outside the FPB's office.

 

(3) Any confidentiality request as contemplated in clause 8 (1) of these Procedures, must be supported by a written statement explaining why the information is confidential.

 

(4) If a complainant has requested that their particulars be kept confidential and the FPB is of the view that these particulars are necessary in order to resolve the complaint, the FPB must, in writing –
(a) inform the complainant within 7 (seven) days of receipt of such request of the particulars, which in the FPB’s view, must be disclosed;
(b) explain to the complainant the reasons therefor; and
(c) request the complainant’s written consent to disclose such particulars.

 

(5) The FPB may, if disclosure of the complainant’s particulars is in its view necessary to resolve the complaint, decline to investigate the complaint if the complainant refuses the request as contemplated in clause 8 (4)(c) of these Procedures.

 

(6) The FPB must, within 7 (seven) days of its decision as contemplated in clause 8 (6) of these Procedures, inform the complainant, in writing, of its decision, giving full reasons and advising the complainant of their right of judicial review.