Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998 52 No. 37067 GOVERNMENT GAZETTE, 26 November 2013 Act No. 4 of 2013 Protection of Personal Information Act, 2013 52 (e) to conduct research and to report to Parliament— (i) from time to time on the desirability of the acceptance, by South Africa, of any international instrument relating to the protection of the personal information of a data subject; and (ii) on any other matter, including necessary legislative amendments, relating to protection of personal information that, in the Regulator’s opinion, should be drawn to Parliament’s attention; (f) in respect of codes of conduct to— (i) issue, from time to time, codes of conduct, amend codes and to revoke codes of conduct; (ii) make guidelines to assist bodies to develop codes of conduct or to apply codes of conduct; and (iii) consider afresh, upon application, determinations by adjudicators under approved codes of conduct; (g) to facilitate cross-border cooperation in the enforcement of privacy laws by participating in any initiative that is aimed at such cooperation; and (h) in general to— (i) do anything incidental or conducive to the performance of any of the preceding functions; (ii) exercise and perform such other functions, powers, and duties as are conferred or imposed on the Regulator by or under this Act or any other legislation; (iii) require the responsible party to disclose to any person affected by a compromise to the integrity or confidentiality of personal information, such compromise in accordance with section 22; and (iv) exercise the powers conferred upon the Regulator by this Act in matters relating to the access of information as provided by the Promotion of Access to Information Act. (2) The Regulator may, from time to time, in the public interest or in the legitimate interests of any person or body of persons, publish reports relating generally to the exercise of the Regulator’s functions under this Act or to any case or cases investigated by the Regulator, whether or not the matters to be dealt with in any such report have been the subject of a report to the Minister. (3) The provisions of sections 3 and 4 of the Commissions Act, 1947 (Act No. 8 of 1947), will apply, with the necessary changes, to the Regulator. (4) The powers and duties of the Regulator in terms of the Promotion of Access to Information Act are set out in Parts 4 and 5 of that Act. 5 10 15 20 25 30 35 Appointment, term of office and removal of members of Regulator 41. (1) (a) The Regulator consists of the following members: (i) A Chairperson; and (ii) four other persons, as ordinary members of the Regulator. (b) Members of the Regulator must be appropriately qualified, fit and proper persons— (i) at least one of whom must be appointed on account of experience as a practising advocate or attorney or a professor of law at a university; and (ii) the remainder of whom must be appointed on account of any other qualifications, expertise and experience relating to the objects of the Regulator. (c) The Chairperson of the Regulator must be appointed in a full-time capacity and may, subject to subsection (4), not perform or undertake to perform any other remunerative work during the period in which he or she holds office as Chairperson. (d) The ordinary members of the Regulator must be appointed as follows: (i) Two ordinary members in a full-time capacity; and (ii) two ordinary members in a full-time or part-time capacity. (e) The members referred to in paragraph (d) who are appointed in a full-time capacity, may, subject to subsection (4), not perform or undertake to perform any other remunerative work during the period in which they hold office. 40 45 50 55

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