Reproduced by Sabinet Online in terms of Government Printer’s Copyright Authority No. 10505 dated 02 February 1998 12 No. 37067 GOVERNMENT GAZETTE, 26 November 2013 Act No. 4 of 2013 Protection of Personal Information Act, 2013 12 SCHEDULE Laws amended by section 110 CHAPTER 1 DEFINITIONS AND PURPOSE Definitions 1. In this Act, unless the context indicates otherwise— ‘‘biometrics’’ means a technique of personal identification that is based on physical, physiological or behavioural characterisation including blood typing, fingerprinting, DNA analysis, retinal scanning and voice recognition; ‘‘child’’ means a natural person under the age of 18 years who is not legally competent, without the assistance of a competent person, to take any action or decision in respect of any matter concerning him- or herself; ‘‘code of conduct’’ means a code of conduct issued in terms of Chapter 7; ‘‘competent person’’ means any person who is legally competent to consent to any action or decision being taken in respect of any matter concerning a child; ‘‘consent’’ means any voluntary, specific and informed expression of will in terms of which permission is given for the processing of personal information; ‘‘Constitution’’ means the Constitution of the Republic of South Africa, 1996; ‘‘data subject’’ means the person to whom personal information relates; ‘‘de-identify’’, in relation to personal information of a data subject, means to delete any information 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 ‘‘de-identified’’ has a corresponding meaning; ‘‘direct marketing’’ means to approach a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of— (a) promoting or offering to supply, in the ordinary course of business, any goods or services to the data subject; or (b) requesting the data subject to make a donation of any kind for any reason; ‘‘electronic communication’’ means any text, voice, sound or image message sent over an electronic communications network which is stored in the network or in the recipient’s terminal equipment until it is collected by the recipient; ‘‘enforcement notice’’ means a notice issued in terms of section 95; ‘‘filing system’’ means any structured set of personal information, whether centralised, decentralised or dispersed on a functional or geographical basis, which is accessible according to specific criteria; ‘‘information matching programme’’ means the comparison, whether manually or by means of any electronic or other device, of any document that contains personal information about ten or more data subjects with one or more documents that contain personal information of ten or more data subjects, for the purpose of producing or verifying information that may be used for the purpose of taking any action in regard to an identifiable data subject; ‘‘information officer’’ of, or in relation to, a— (a) public body means an information officer or deputy information officer as contemplated in terms of section 1 or 17; or (b) private body means the head of a private body as contemplated in section 1, of the Promotion of Access to Information Act; ‘‘Minister’’ means the Cabinet member responsible for the administration of justice; ‘‘operator’’ means a person who processes personal information for a responsible party in terms of a contract or mandate, without coming under the direct authority of that party; ‘‘person’’ means a natural person or a juristic person; 5 10 15 20 25 30 35 40 45 50 55