Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998 48 No. 37067 GOVERNMENT GAZETTE, 26 November 2013 Act No. 4 of 2013 Protection of Personal Information Act, 2013 48 (b) conferred on any person in terms of the law, which is performed with the view to protecting members of the public against— (i) financial loss due to dishonesty, malpractice or other seriously improper conduct by, or the unfitness or incompetence of, persons concerned in the provision of banking, insurance, investment or other financial services or in the management of bodies corporate; or (ii) dishonesty, malpractice or other seriously improper conduct by, or the unfitness or incompetence of, persons authorised to carry on any profession or other activity. 5 CHAPTER 5 10 SUPERVISION Part A Information Regulator Establishment of Information Regulator 39. There is hereby established a juristic person to be known as the Information 15 Regulator, which— (a) has jurisdiction throughout the Republic; (b) is independent and is subject only to the Constitution and to the law and must be impartial and perform its functions and exercise its powers without fear, favour or prejudice; 20 (c) must exercise its powers and perform its functions in accordance with this Act and the Promotion of Access to Information Act; and (d) is accountable to the National Assembly. Powers, duties and functions of Regulator 40. (1) The powers, duties and functions of the Regulator in terms of this Act are— (a) to provide education by— (i) promoting an understanding and acceptance of the conditions for the lawful processing of personal information and of the objects of those conditions; (ii) undertaking educational programmes, for the purpose of promoting the protection of personal information, on the Regulator’s own behalf or in co-operation with other persons or authorities acting on behalf of the Regulator; (iii) making public statements in relation to any matter affecting the protection of the personal information of a data subject or of any class of data subjects; (iv) giving advice to data subjects in the exercise of their rights; and (v) providing advice, upon request or on its own initiative, to a Minister or a public or private body on their obligations under the provisions, and generally on any matter relevant to the operation, of this Act; (b) to monitor and enforce compliance by— (i) public and private bodies with the provisions of this Act; (ii) undertaking research into, and monitoring developments in, information processing and computer technology to ensure that any adverse effects of such developments on the protection of the personal information of data subjects are minimised, and reporting to the Minister the results of such research and monitoring; (iii) examining any proposed legislation, including subordinate legislation, or proposed policy of the Government that the Regulator considers may 25 30 35 40 45