Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998 66 No. 37067 GOVERNMENT GAZETTE, 26 November 2013 Act No. 4 of 2013 Protection of Personal Information Act, 2013 66 (d) otherwise ensuring compliance by the body with the provisions of this Act; and (e) as may be prescribed. (2) Officers must take up their duties in terms of this Act only after the responsible party has registered them with the Regulator. 5 Designation and delegation of deputy information officers 56. Each public and private body must make provision, in the manner prescribed in section 17 of the Promotion of Access to Information Act, with the necessary changes, for the designation of— (a) such a number of persons, if any, as deputy information officers as is necessary 10 to perform the duties and responsibilities as set out in section 55(1) of this Act; and (b) any power or duty conferred or imposed on an information officer by this Act to a deputy information officer of that public or private body. CHAPTER 6 15 PRIOR AUTHORISATION Prior authorisation Processing subject to prior authorisation 57. (1) The responsible party must obtain prior authorisation from the Regulator, in terms of section 58, prior to any processing if that responsible party plans to— (a) process any unique identifiers of data subjects— (i) for a purpose other than the one for which the identifier was specifically intended at collection; and (ii) with the aim of linking the information together with information processed by other responsible parties; (b) process information on criminal behaviour or on unlawful or objectionable conduct on behalf of third parties; (c) process information for the purposes of credit reporting; or (d) transfer special personal information, as referred to in section 26, or the personal information of children as referred to in section 34, to a third party in a foreign country that does not provide an adequate level of protection for the processing of personal information as referred to in section 72. (2) The provisions of subsection (1) may be applied by the Regulator to other types of information processing by law or regulation if such processing carries a particular risk for the legitimate interests of the data subject. (3) This section and section 58 are not applicable if a code of conduct has been issued and has come into force in terms of Chapter 7 in a specific sector or sectors of society. (4) A responsible party must obtain prior authorisation as referred to in subsection (1) only once and not each time that personal information is received or processed, except where the processing departs from that which has been authorised in accordance with the provisions of subsection (1). 20 25 30 35 40 Responsible party to notify Regulator if processing is subject to prior authorisation 58. (1) Information processing as contemplated in section 57(1) must be notified as such by the responsible party to the Regulator. (2) Responsible parties may not carry out information processing that has been 45 notified to the Regulator in terms of subsection (1) until the Regulator has completed its investigation or until they have received notice that a more detailed investigation will not be conducted.

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