Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998 96 No. 37067 GOVERNMENT GAZETTE, 26 November 2013 Act No. 4 of 2013 Protection of Personal Information Act, 2013 96 (d) costs of suit on such scale as may be determined by the Court. (4) Any amount awarded to the Regulator in terms of subsection (3) must be dealt with in the following manner: (a) The full amount must be deposited into a specifically designated trust account established by the Regulator with an appropriate financial institution; (b) as a first charge against the amount, the Regulator may recover all reasonable expenses incurred in bringing proceedings at the request of a data subject in terms of subsection (1) and in administering the distributions made to the data subject in terms of subsection (5); and (c) the balance, if any (in this section referred to as the ‘‘distributable balance’’), must be distributed by the Regulator to the data subject at whose request the proceedings were brought. (5) Any amount not distributed within three years from the date of the first distribution of payments in terms of subsection (4), accrue to the Regulator in the Regulator’s official capacity. (6) The distributable balance must be distributed on a pro rata basis to the data subject referred to in subsection (1). (7) A Court issuing any order under this section must order it to be published in the Gazette and by such other appropriate public media announcement as the Court considers appropriate. (8) Any civil action instituted under this section may be withdrawn, abandoned or compromised, but any agreement or compromise must be made an order of Court. (9) If a civil action has not been instituted, any agreement or settlement, if any, may, on application to the Court by the Regulator after due notice to the other party, be made an order of Court and must be published in the Gazette and by such other public media announcement as the Court considers appropriate. 5 10 15 20 25 CHAPTER 11 OFFENCES, PENALTIES AND ADMINISTRATIVE FINES Obstruction of Regulator 100. Any person who hinders, obstructs or unlawfully influences the Regulator or any 30 person acting on behalf of or under the direction of the Regulator in the performance of the Regulator’s duties and functions under this Act, is guilty of an offence. Breach of confidentiality 101. Any person who contravenes the provisions of section 54, is guilty of an offence. Obstruction of execution of warrant 35 102. Any person who— (a) intentionally obstructs a person in the execution of a warrant issued under section 82; or (b) fails without reasonable excuse to give any person executing such a warrant such assistance as he or she may reasonably require for the execution of the 40 warrant, is guilty of an offence. Failure to comply with enforcement or information notices 103. (1) A responsible party which fails to comply with an enforcement notice served in terms of section 95, is guilty of an offence. 45 (2) A responsible party which, in purported compliance with an information notice served in terms of section 90— (a) makes a statement knowing it to be false; or