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136
No. 37067
GOVERNMENT GAZETTE, 26 November 2013
Act No. 4 of 2013
Protection of Personal Information Act, 2013
136
No. and year of law
Short title
Extent of repeal or amendment
Regulator may decide to take no action
on complaint
77D. (1) The Information Regulator, after
investigating a complaint received in terms
of section 77A, may decide to take no
action or, as the case may be, require no
further action in respect of the complaint if,
in the Information Regulator’s opinion—
(a) the complaint has not been submitted
within the period referred to in section
77A(2) and there are no reasonable
grounds to condone the late submission;
(b) the complaint is frivolous or vexatious
or is not made in good faith; or
(c) it appears to the Information Regulator
that, having regard to all the circumstances of the case, any further action is
unnecessary or inappropriate.
(2) In any case where the Information
Regulator decides to take no action, or no
further action, on a complaint, the
Information Regulator must inform the
complainant of that decision and the reasons
for it.
Pre-investigation proceedings of Regulator
77E. Before proceeding to investigate any
matter in terms of this Chapter, the
Information Regulator must, in the
prescribed manner, inform—
(a) the complainant of the Information
Regulator’s intention to conduct the
investigation; and
(b) the information officer of the public
body or the head of the private body, as
the case may be, to whom the complaint
relates of the—
(i) details of the complaint; and
(ii) right of the information officer or
the head to submit to the Information Regulator, within a reasonable
period, a written response in relation
to the complaint.
Settlement of complaints
77F. If it appears from a complaint, or
any written response made in relation to a
complaint under section 77E(b)(ii), that it
may be possible to secure a settlement
between the parties concerned, the
Information Regulator may, without
investigating the complaint or, as the case
may be, investigating the complaint further,
in the prescribed manner, use its best
endeavours to secure such a settlement.
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