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Table of Contents
Notice No. 912 of 2013
Act
Preamble
Chapter 1 : Definitions and Purpose
1. Definitions
2. Purpose of Act
Chapter 2 : Application Provisions
3. Application and interpretation of Act
4. Lawful processing of personal information
5. Rights of data subjects
6. Exclusions
7. Exclusion for journalistic, literary or ...
Chapter 3 : Conditions for Lawful Processing of ...
Part A : Processing of personal information ...
Condition 1 : Accountability
8. Responsible party to ensure conditions for ...
Condition 2 : Processing limitation
9. Lawfulness of processing
10. Minimality
11. Consent, justification and objection
12. Collection directly from data subject
Condition 3 : Purpose specification
13. Collection for specific purpose
14. Retention and restriction of records
Condition 4 : Further processing limitation
15. Further processing to be compatible ...
Condition 5 : Information quality
16. Quality of information
Condition 6 : Openness
17. Documentation
18. Notification to data subject when collecting ...
Condition 7 : Security safeguards
19. Security measures on integrity and ...
20. Information processed by operator or ...
21. Security measures regarding information ...
22. Notification of security compromises
Condition 8 : Data subject participation
23. Access to personal information
24. Correction of personal information
25. Manner of access
Part B : Processing of special personal information
26. Prohibition on processing of special personal ...
27. General authorisation concerning special ...
28. Authorisation concerning data subject's religious ...
29. Authorisation concerning data subject's race ...
30. Authorisation concerning data subject's trade union ...
31. Authorisation concerning data subject's political ...
32. Authorisation concerning data subjects's health ...
33. Authorisation concerning data subject's criminal ...
Part C : Processing of personal information of children
34. Prohibition on processing personal information ...
35. General authorisation concerning personal ...
Chapter 4 : Exemption from Conditions for Processing ...
36. General
37. Regulator may exempt processing of ...
38. Exemption in respect of certain functions
Chapter 5 : Supervision
Part A : Information Regulator
39. Establishment of Information Regulator
40. Powers, duties and functions of Regulator
41. Appointment, term of office and removal ...
42. Vacancies
43. Powers, duties and functions of Chairperson ...
44. Regulator to have regard to certain matters
45. Conflict of interest
46. Remuneration, allowances, benefits ...
47. Staff
48. Powers, duties and functions of chief ...
49. Committees of Regulator
50. Establishment of Enforcement Committees
51. Meetings of Regulator
52. Funds
53. Protection of Regulator
54. Duty of confidentiality
Part B : Information Officer
55. Duties and responsibilities of Information ...
56. Designation and delegation of ...
Chapter 6 : Prior Authorisation
Prior Authorisation
57. Processing subject to prior authorisation
58. Responsible party to notify Regulator if ...
59. Failure to notify processing subject to ...
Chapter 7 : Codes of Conduct
60. Issuing of codes of conduct
61. Process for issuing codes of conduct
62. Notification, availability and commencement ...
63. Procedure for dealing with complaints
64. Amendment and revocation of codes of conduct
65. Guidelines about codes of conduct
66. Register of approved codes of conduct
67. Review of operation of approved code of conduct
68. Effect of failure to comply with code of conduct
Chapter 8 : Rights of Data Subjects regarding ...
69. Direct marketing by means of unsolicited electronic ...
70. Directories
71. Automated decision making
Chapter 9 : Transborder Information Flows
72. Transfers of personal information outside Republic
Chapter 10 : Enforcement
73. Interference with protection of personal ...
74. Complaints
75. Mode of complaints to Regulator
76. Action on receipt of complaint
77. Regulator may decide to take no action on complaint
78. Referral of complaint to regulatory body
79. Pre-investigation proceedings of Regulator
80. Settlement of complaints
81. Investigation proceedings of Regulator
82. Issue of warrants
83. Requirements for issuing of warrant
84. Execution of warrants
85. Matters exempt from search and seizure
86. Communication between legal adviser and ...
87. Objection to search and seizure
88. Return of warrants
89. Assessment
90. Information notice
91. Parties to be informed of result of assessment
92. Matters referred to Enforcement Committee
93. Functions of Enforcement Committee
94. Parties to be informed of developments ...
95. Enforcement notice
96. Cancellation of enforcement notice
97. Right of appeal
98. Consideration of appeal
99. Civil remedies
Chapter 11 : Offences, Penalties and Administrative Fines
100. Obstruction of Regulator
101. Breach of confidentiality
102. Obstruction of execution of warrant
103. Failure to comply with enforcement or ...
104. Offences by witnesses
105. Unlawful acts by responsible party ...
106. Unlawful acts by third parties in ...
107. Penalties
108. Magistrate's Court jurisdiction to impose ...
109. Administrative fines
Chapter 12 : General Provisions
110. Amendment of laws
111. Fees
112. Regulations
113. Procedure for making regulations
114. Transitional arrangements
115. Short title and commencement
Schedule
Laws Amended by Section 10
Notices
Commencement of Section 1 ...
Notice No. R.25 of 2014
"Constitution"
means the Constitution of the Republic of South Africa, 1996;
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