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138
No. 37067
GOVERNMENT GAZETTE, 26 November 2013
Act No. 4 of 2013
Protection of Personal Information Act, 2013
138
No. and year of law
Short title
Extent of repeal or amendment
Investigation proceedings of Regulator
77G. (1) For the purposes of the
investigation of a complaint the Information
Regulator has powers similar to those of the
High Court in terms of section 80 relating to
the disclosure of records to it and
non-disclosure of records by it.
(2) Section 81 of the Protection of
Personal Information Act, 2013, applies to
the investigation of complaints in terms of
this Chapter.
Assessment
77H. (1) The Information Regulator, on
its own initiative, or at the request by or on
behalf of an information officer or head of a
private body or any other person may make
an assessment in the manner prescribed of
whether a public or private body generally
complies with the provisions of this Act
insofar as its policies and implementation
procedures are concerned.
(2) The Information Regulator must make
the assessment if it appears to be appropriate, unless, where the assessment is made on
request, the Information Regulator has not
been supplied with such information as it
may reasonably require in order to—
(a) satisfy itself as to the identity of the
person making the request; and
(b) enable it to identify the private or public
body concerned.
(3) The matters to which the Information
Regulator may have regard in determining
whether it is appropriate to make an
assessment include—
(a) the extent to which the request appears
to it to raise a matter of substance;
(b) determining that the request is not
frivolous or vexatious; and
(c) whether or not the person making the
request is entitled to make an application
in terms of this Act in respect of the
information in question.
(4) If the Information Regulator has
received a request under this section it must
notify the person referred to in subsection
(1)—
(a) whether it has made an assessment as a
result of the request; and
(b) of any view formed or action taken as a
result of the request.
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