(1)
| (a) |
Upon receipt of a complaint contemplated in section 77A of the Act, the Information Regulator must, on a form which corresponds substantially with Form 6 of Annexure A to the Regulations, acknowledge receipt of the complaint. |
| (b) |
The Information Regulator must inform the complainant, as contemplated in section 77E of the Act, whether— |
| (i) |
the Information Regulator will investigate the complaint further; or |
| (ii) |
the complaint will be referred to the Enforcement Committee, established in terms of section 50 of the Protection of Personal Information Act, 2013 (Act No.4 of 2013). |
| (2) |
If the Information Regulator decides to investigate the complaint as contemplated in section 77C(1)(a) of the Act, it must, within 20 working days after receipt of the complaint on a form that corresponds substantially with Form 7 of Annexure A to the Regulations— |
| (a) |
bring the complaint to the attention of the information officer concerned; |
| (b) |
inform the information officer concerned of its intention to investigate the complaint; and |
| (c) |
request the information officer concerned to respond to the complaint and produce any item or document, on which he or she based his or her decision. |
| (3) |
The information officer concerned must, within 20 working days after receipt of the complaint from the Information Regulator, respond in writing to the complaint and submit any item or document to the Information Regulator, in the manner the Information Regulator requests. |
| (4) |
For purposes of the investigation, the Information Regulator has all the powers and functions as determined in section 77G of the Act. |
| (5) |
The Information Regulator must, within a reasonable time from the date of a decision being made or action being taken— |
| (a) |
keep the complainant and the information officer concerned and any other party to the matter, informed of the developments of the investigation; and |
| (b) |
inform the complainant, the information officer concerned and any other party to the matter of the results of the investigation, |
on a form that corresponds substantially with Form 8 of Annexure A to the Regulations.
| (6) |
The Information Regulator may, during its investigation as contemplated in subregulation (1)(b) if it appears that the Enforcement Committee is better suited to investigate the complaint, refer the complaint to the Enforcement Committee, and must in writing inform the complainant accordingly. |
Medicines and Related Substances Act, 1965
