Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998 80 No. 37067 GOVERNMENT GAZETTE, 26 November 2013 Act No. 4 of 2013 Protection of Personal Information Act, 2013 80 (b) act, at any time during the investigation and where appropriate, as conciliator in relation to any interference with the protection of the personal information of a data subject in the prescribed manner; (c) decide, in accordance with section 77, to take no action on the complaint or, as the case may be, require no further action in respect of the complaint; 5 (d) conduct a full investigation of the complaint; (e) refer the complaint, in terms of section 92, to the Enforcement Committee; or (f) take such further action as is contemplated by this Chapter. (2) The Regulator must, as soon as is reasonably practicable, advise the complainant and the responsible party to whom the complaint relates of the course of action that the 10 Regulator proposes to adopt under subsection (1). (3) The Regulator may, on its own initiative, commence an investigation into the interference with the protection of the personal information of a data subject as referred to in section 73. Regulator may decide to take no action on complaint 77. (1) The Regulator, after investigating a complaint received in terms of section 73, may decide to take no action or, as the case may be, require no further action in respect of the complaint if, in the Regulator’s opinion— (a) the length of time that has elapsed between the date when the subject matter of the complaint arose and the date when the complaint was made is such that an investigation of the complaint is no longer practicable or desirable; (b) the subject matter of the complaint is trivial; (c) the complaint is frivolous or vexatious or is not made in good faith; (d) the complainant does not desire that action be taken or, as the case may be, continued; (e) the complainant does not have a sufficient personal interest in the subject matter of the complaint; or (f) in cases where the complaint relates to a matter in respect of which a code of conduct is in force and the code of conduct makes provision for a complaints procedure, the complainant has failed to pursue, or to pursue fully, an avenue of redress available under that complaints procedure that it would be reasonable for the complainant to pursue. (2) Notwithstanding anything in subsection (1), the Regulator may in its discretion decide not to take any further action on a complaint if, in the course of the investigation of the complaint, it appears to the Regulator that, having regard to all the circumstances of the case, any further action is unnecessary or inappropriate. (3) In any case where the Regulator decides to take no action, or no further action, on a complaint, the Regulator must inform the complainant of that decision and the reasons for it. Referral of complaint to regulatory body 15 20 25 30 35 40 78. (1) If, on receiving a complaint in terms of section 74, the Regulator considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of another regulatory body established in terms of any law, the Regulator must forthwith determine whether the complaint should be dealt with, in whole or in part, under this Act after consultation with the body concerned. 45 (2) If the Regulator determines that the complaint should be dealt with by another body, the Regulator must forthwith refer the complaint to that body to be dealt with accordingly and must notify the complainant of the referral. Pre-investigation proceedings of Regulator 79. Before proceeding to investigate any matter in terms of this Chapter, the 50 Regulator must, in the prescribed manner, inform—