S25
(f) remove and retain the books, documents or records referred to in paragraphs (d) and
(e) for such period as may be reasonable for further examination; or
(g) require any person to maintain the books, documents or records referred to in
paragraphs
(h) and (e) for such period, as may be reasonable as the Commission directs.
Matters exempt from search and seizure
39. (1) Where the Commission has authorised the processing of personal information, the
information shall not be subject to search and seizure.
(2) Privileged information shall be exempt from search and seizure.
Parties to be informed of developments and results of an investigation
40. Where the Commission undertakes an investigation following a complaint, and –
(a) the Commission finds that no contravention of this Act has taken place;
(b) the Commission finds that a contravention has taken place;
(c) an enforcement notice is served in terms of section 41;
(d) a served enforcement notice is cancelled in terms of section 42;
(e) an appeal is lodged against the enforcement notice for cancellation or variation of
the notice in terms of section 49; or
(f) an appeal against an enforcement notice is allowed, the notice is submitted or the
appeal is dismissed,
the Commission shall inform the complainant and the data controller in the prescribed manner,
of any developments and the results of the investigation within the prescribed period.
Enforcement notice
41. (1) Where the Commission is satisfied that a data controller has contravened this Act,
the Commission shall serve the data controller with an enforcement notice requiring the data
controller to do either or both of the following –
(a) to take specified steps within a period specified in the notice, or to refrain from
taking action; or
(b) to stop processing personal information specified in the notice, or to stop processing
personal information for a purpose or in a manner specified in the notice within a
period specified in the notice.
(2) An enforcement notice shall include –
(a) a statement indicating the nature of the contravention;
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