Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998 16 No. 37067 GOVERNMENT GAZETTE, 26 November 2013 Act No. 4 of 2013 Protection of Personal Information Act, 2013 16 (v) photograph, film, negative, tape or other device in which one or more visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced; (b) in the possession or under the control of a responsible party; (c) whether or not it was created by a responsible party; and (d) regardless of when it came into existence; ‘‘Regulator’’ means the Information Regulator established in terms of section 39; ‘‘re-identify’’, in relation to personal information of a data subject, means to resurrect any information that has been de-identified, that— (a) identifies the data subject; (b) can be used or manipulated by a reasonably foreseeable method to identify the data subject; or (c) can be linked by a reasonably foreseeable method to other information that identifies the data subject, and ‘‘re-identified’’ has a corresponding meaning; ‘‘Republic’’ means the Republic of South Africa; ‘‘responsible party’’ means a public or private body or any other person which, alone or in conjunction with others, determines the purpose of and means for processing personal information; ‘‘restriction’’ means to withhold from circulation, use or publication any personal information that forms part of a filing system, but not to delete or destroy such information; ‘‘special personal information’’ means personal information as referred to in section 26; ‘‘this Act’’ includes any regulation or code of conduct made under this Act; and ‘‘unique identifier’’ means any identifier that is assigned to a data subject and is used by a responsible party for the purposes of the operations of that responsible party and that uniquely identifies that data subject in relation to that responsible party. Purpose of Act 5 10 15 20 25 30 2. The purpose of this Act is to— (a) give effect to the constitutional right to privacy, by safeguarding personal information when processed by a responsible party, subject to justifiable limitations that are aimed at— (i) balancing the right to privacy against other rights, particularly the right 35 of access to information; and (ii) protecting important interests, including the free flow of information within the Republic and across international borders; (b) regulate the manner in which personal information may be processed, by establishing conditions, in harmony with international standards, that 40 prescribe the minimum threshold requirements for the lawful processing of personal information; (c) provide persons with rights and remedies to protect their personal information from processing that is not in accordance with this Act; and (d) establish voluntary and compulsory measures, including the establishment of 45 an Information Regulator, to ensure respect for and to promote, enforce and fulfil the rights protected by this Act. CHAPTER 2 APPLICATION PROVISIONS Application and interpretation of Act 3. (1) This Act applies to the processing of personal information— 50