Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998
132
No. 37067
GOVERNMENT GAZETTE, 26 November 2013
Act No. 4 of 2013
Protection of Personal Information Act, 2013
132
No. and year of law
Short title
Extent of repeal or amendment
(c) that the requester will be given access
to the record after the expiry of the
applicable period contemplated in
paragraph (b), unless a complaint to
the Information Regulator or an
application with a court is lodged
within that period.’’; and
(b) substitution of subsection (4) of the
following subsection:
‘‘(4) If the head of the private body
decides in terms of subsection (1) to
grant the request for access
concerned, he or she must give the
requester access to the record
concerned after the expiry of 30 days
after notice is given in terms of
subsection (1)(b), unless a complaint
to the Information Regulator or an
application with a court is lodged
against the decision within that
period.’’.
18. The amendment of Chapter 1 of Part 4
by the insertion after section 77 of the
following sections:
‘‘CHAPTER 1A
COMPLAINTS TO REGULATOR
Complaints
77A. (1) A requester or third party
referred to in section 74 may only submit a
complaint to the Information Regulator in
terms of this section after that requester or
third party has exhausted the internal appeal
procedure against a decision of the
information officer of a public body
provided for in section 74.
(2) A requester—
(a) that has been unsuccessful in an internal
appeal to the relevant authority of a
public body;
(b) aggrieved by a decision of the relevant
authority of a public body to disallow
the late lodging of an internal appeal in
terms of section 75(2);
(c) aggrieved by a decision of the
information officer of a public body
referred to in paragraph (b) of the
definition of ’public body’ in section
1—
(i) to refuse a request for access; or
(ii) taken in terms of section 22, 26(1)
or 29(3); or
(d) aggrieved by a decision of the head of a
private body—
(i) to refuse a request for access; or
(ii) taken in terms of section 54, 57(1)
or 60,
may within 180 days of the decision,
submit a complaint, alleging that the
decision was not in compliance with this
Act, to the Information Regulator in the
prescribed manner and form for
appropriate relief.
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