Protection of Personal Information Act, 2013 (Act No. 4 of 2013)

No. and year of law

Short title

Extent of repeal or amendment

Act 23 of 1994

Public Protector Act, 1994

"(b) to endeavour, in his or her sole discretion, to resolve any dispute or rectify any act or omission by—

"(c) at a time prior to, during or after an investigation—

Act 2 of 2000

Promotion of Access to Information Act, 2000

1.       The amendment of section 1 by the—

" '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;";

" 'personal information' means information relating to an identifiable natural person, including, but not limited to—

but excludes information about an individual who has been dead for more than 20 years;";

" 'Information Regulator' means the Information Regulator established in terms of sectin 39 of the Protection of Personal Information Act, 2013;"

2.       The amendment of section 10 by the substitution of the following section:

"10.

[(b) the postal and street address, phone and fax number and, if available, electronic mail address of—

(d)](b)   the manner and form of a request for—

[(e)](c) the assistance available from the information officer of a public body in terms of this Act and the Protection of Personal Information Act, 2013;

[(f)](d) the assistance available from the [Human Rights Commission] Information Regulator in terms of this Act and the Protection of Personal Information Act, 2013;

[(g)(e) all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act and the Protection of Personal Information Act, 2013, including the manner of lodging—

(iii)  an application with a court against a decision by the information officer of a public body, a decision on internal appeal, a decision by the Information Regulator or a decision of the head of a private body;

[(h)](f) the provisions of sections 14 and 51 requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;

[(i)](g)  the prov the provisions of sections 15 and 52 providing for the voluntary disclosure of categories of records by a public body and private body, respectively;

[(j)](h) the notices issued in terms of sections 22 and 54 regarding fees to be paid in relation to requests for access; and

[(k)](i) the regulations made in terms of section 92.

(3)   The [Human Rights Commission] Information Regulator must, if necessary, update and publish the guide at intervals of not more than two years.

(4)  The guide must be made available as prescribed.".

3.     The amendment of section 11 by the substitution for subsection (2) of the following subsection:

"(2) A request contemplated in subsection (1) [includes] excludes a request for access to a record containing personal information about the requester.".

4.     The amendment of section 14 by the—

(a) substitution for subsection (1) for the following subsection:

"(1) [Within six months after the commencement of this section or the coming into existence of a public body, the] The information officer of [the] a public body [concerned] must [compile] in at least three official languages make available, as referred to in subsection (3), a manual containing—

(a)       in general

(i)    a description of its structure and functions;

[(b)] (ii)    the postal and street address, phone and fax number and, if available, electronic mail address of the information officer of the body and of every deputy information officer of the body designated in terms of section 17(1);

(iii)  a description of all remedies available in respect of an act or a failure to act by the body; and

(iv)  such  other information as may be prescribed;

(b)     insofar as this Act is concerned—

(i)     a description of the guide referred to in section 10, if available, and how to obtain access to it;

[(d)] (ii)     sufficient detail to facilitate a request for access to a record of the body, a description of the subjects on which the body holds records and the categories of records held on each subject;

[(e)] (iii)    the latest notice, in terms of section 15(2), if any, regarding the categories of records of the body which are available without a person having to request access in terms of this Act;

[(f)] (iv)     a description of the services available to members of the public from the body and how to gain access to those services; and

[(g)] (v)     a description of any arrangement or provision for a person (other than a public body referred to in paragraph (a) or (b)(i) of the definition of "public body" in section 1) by consultation, making representations or otherwise, to participate in or influence—

[(i)] (aa)    the formulation of policy; or

[(ii)] (bb)   the exercise of powers or performance of duties,

by the body;

(c)       insofar as the Proection of Personal Information Act, 2013, is concerned—

(i)     the purpose of the processing;

(ii)    a description of the categories of data subjects and of the information relating thereto;

(iii)   the recipients or categories of recipients to whom the personal information may be supplied;

(iv)   planned transborder flows of personal information; and

(v)    a general description allowing a preliminary assessment of the suitability of the information security measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information which is to be processed.

[(h)    a description of all remedies available in respect of an act or a failure to act by the body; and

(i)      such other information as may be prescribed.]"; and

(b)    by the substitution for subsection (3) of the following subsection:

"(3)  [Each manual must be made available as prescribed] The manual referred to in subsection (1), or the updated version thereof as referred to in subsection (2) must be made available—

(a)    on the web site, if any, of the public body;

(b)    at the head office of the public body for public inspection during normal business hours;

(c)     to any person upon request and upon the payment of a reasonable amount; and

(d)    to the Information Regulator upon request.".

5.    The amendment of section 15 by the—

(a)    substitution for the words preceding paragraph (a) of subsection (1) of the following words:

"(1) The information officer of a public body, referred to in paragraph (a) or (b)(i) of the definition of ‘public body’ in section 1, must[, on a periodic basis not less frequently than once a year, submit to the Minister] make available in the prescribed manner a description of—";

(b)    deletion of subsection (2); and

(c)    substitution of subsection (3) of the following subsection:

"(3) The only fee payable (if any) for access to a record [included in a notice in terms of subsection (2)] referred to in subsection (1) is a prescribed fee for reproduction.".

6.     The amendment of section 21 by the substitution of paragraphs (a) and (b) of the following paragraphs:

"(a) the periods for lodging an internal appeal, a complaint to the Information Regulator, an application with a court or an appeal against a decision of that court have expired; or

(b)  that internal appeal, complaint to the Information Regulator, application or appeal against a decision of that court or other legal proceedings in connection with the request has been  finally determined,".

7.     The amendment of section 22 by the substitution for—

(a)   subsection (1) of the following subsection:

"(1) The information officer of a public body to whom a request for access is made, must by notice require the requester[, other than a personal requester,] to pay the prescribed request fee (if any), before further processing the request.";

(b)  subsection (2) of the following subsection:

"(2) If—

(a)   the search for a record of a public body in respect of which a request for access by a requester[, other than a personal requester,] has been made; and

(b)   the preparation of the record for disclosure (including any arrangements contemplated in section 29(2)(a) and (b)(i) and (ii)(aa)),

would, in the opinion of the information officer of the body, require more than the hours prescribed for this purpose for requesters, the information officer must by notice require the requester[, other than a personal requester,] to pay as a deposit the prescribed portion (being not more than one third) of the access fee which would be payable if the request is granted."; and

(c)   for subsection (3) of the following subsection:

"(3) The notice referred to in subsection (1) or (2) must state—

(a)   the amount of the deposit payable in terms of subsection (2), if applicable;

(b)  that the requester may lodge an internal appeal, a complaint to the Information Regulator or an application with a court, as the case may be, against the tender or payment of the request fee in terms of subsection (1), or the tender or payment of a deposit in terms of subsection (2), as the case may be; and

(c)   the procedure (including the period) for lodging the internal appeal, complaint to the Information Regulator or application, as the case may.".

8.     The amendment of section 25 by the—

(a)  substitution for paragraph (c) of subsection (2) of the following paragraph:

"(c) that the requester may lodge an internal appeal, a complaint to the Information Regulator or an application with a court, as the case may be, against the access fee to be paid or the form of access granted, and the procedure (including the period) for lodging the internal appeal, complaint to the Information Regulator or application, as the case may be.";  and

(b)   substitution for paragraph (c) of subsection (3) of the following paragraph:

"(c) state that the requester may lodge an internal appeal, complaint to the Information Regulator or an application with a court, as the case may  be, against the refusal of the request, and the procedure (including the period) for lodging the internal appeal, complaint to the Information Regulator or application, as the case may be.".

9.     The amendment of section 26 by the substitution for paragraph (c) of subsection (3) of the following paragraph:

"(c) that the requester may lodge an internal appeal, complaint to the Information Regulator or an application with a court, as the case may be, against the extension, and the procedure (including the period) for lodging the internal appeal, complaint to the Information Regulator or application, as the case may be.".

10.   The amendment of section 29 by the substitution of subsection (9) for the following subsection:

"(9) If an internal appeal, complaint to the Information Regulator or an application to a court, as the case may be, is lodged against the granting of a request for access to a record, access to the record may be given only when the decision to grant the request is finally confirmed.".

11.   The amendment of section 49 by the—

(a)   substitution of paragraphs (b) and (c) of subsection (3) for the following paragraphs:

"(b)   that the third party may lodge an internal appeal, complaint to the Information Regulator or an application, as the case may be, against the decision within 30 days after notice is given, and the procedure for lodging the internal appeal, complaint to the Information Regulator or application, as the case may be; and

(c)     that the requester will be given access to the record after the expiry of the applicable period contemplated in paragraph (b), unless such internal appeal, complaint to the Information Regulator or application with a court is lodged within that period.’’; and

(b)   substitution of subsection (4) of the following subsection:

"(4) If the information officer of a public body decides in terms of subsection (1) to grant the request for access concerned, he or she must give the requester access to the record concerned after the expiry of 30 days after notice is given in terms of subsection (1)(b), unless an internal appeal, complaint to the Information Regulator or an application with a court, as the case may be, is lodged against the decision within that period.".

12.   The amendment of section 51 by—

(a)   by the substitution of subsection (1) for the following subsection:

‘‘(1) [Within six months after the commencement of this section or the coming into existence of the private body concerned, the] The head of a private body must [compile] make a manual available in terms of subsection (3) containing—

(a)   in general—

(i)   the postal and street address, phone and fax number and, if available, electronic mail address of the head of the body; and

(ii)   such other information as may be prescribed;

(b)   insofar as this Act is concerned—

[(b)] (i) a description of the guide referred to in section 10, if available, and how to obtain access to it;

[(c)] (ii) the latest notice in terms of section 52(2), if any, regarding the categories of record of the body which are available without a person having to request access in terms of this Act;

[(d)](iii) a description of the records of the body which are available in accordance with any other legislation; and

[(e)](iv)  sufficient detail to facilitate a request for access to a record of the body, a description of the subjects on which the body holds records and the categories of records held on each subject; [and]

(c)   insofar as the Protection of Personal Information Act, 2013, is concerned—

(i)   the purpose of the processing;

(ii)   a description of the categories of data subjects and of the information or categories of information relating thereto;

(iii)  the recipients or categories of recipients to whom the personal information may be supplied;

(iv)  planned transborder flows of personal information; and

(v)   a general description allowing a preliminary assessment of the suitability of the information security measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information which is to be processed.".

[(f)  in general such other information as may be prescribed.]"; and

(b)   by the substitution for subsection (3) of the following subsection:

"(3) [Each manual must be made available as prescribed] The manual referred to in subsection (1), or the updated version thereof as referred to in subsection (2) must be made available—

(a)   on the web site, if any, of the private body;

(b)   at the principal place of business of the private body for public inspection during normal business hours;

(c)   to any person upon request and upon the payment of a reasonable amount; and

(d)  to the Information Regulator upon request.".

13.   The amendment of section 52 by the—

(a)    substitution for the words preceding paragraph (a) of subsection (1) of the following words:

"(1) The head of a private body may, on a voluntary [and periodic] basis, [submit to the Minister] make available in the prescribed manner a description of—";

(b)   deletion of subsection (2); and

(c)    substitution of subsection (3) of the following subsection:

"(3)  The only fee (if any) for access to a record [included in a notice in terms of subsection (2)] referred to in subsection (1) is a prescribed fee for reproduction."

14.   The amendment of section 54 by the substitution for—

(a)   subsection (1) of the following subsection:

"(1) The head of a private body to whom a request for access is made must by notice require the requester[, other than a personal requester,] to pay the prescribed request fee (if any), before further processing the request.’’;

(b)    subsection (2) of the following subsection:

"(2)   If—

(a)   the search for a record of a private body in respect of which a request for access by a requester [, other than a personal requester,] has been made; and

(b)  the preparation of the record for disclosure (including any arrangements contemplated in section 29(2)(a) and (b)(i) and (ii)(aa)),

would, in the opinion of the head of the private body concerned, require more than the hours prescribed for this purpose for requesters, the head must by notice require the requester[, other than a personal requester,] to pay as a deposit the prescribed portion (being not more than one third) of the access fee which would be payable if the request is granted.’’; and

(c)    paragraphs (b) and (c) of subsection (3) of the following  paragraphs:

(b)   that the requester may lodge a complaint to the Information Regulator or an application with a court against the tender or payment of the request fee in terms of subsection (1), or the tender or payment of a deposit in terms of subsection (2), as the case may be; and

(c)    the procedure (including the period) for lodging the complaint to the Information Regulator or the application.".

15.   The amendment of section 56 by the—

(a)    substitution for paragraph (c) of subsection (2) of the following paragraph between:

"(c)    that the requester may lodge a complaint to the Information Regulator or an application with a court against the access fee to be paid or the form of access granted, and the procedure, including the period allowed, for lodging a complaint to the Information Regulator or the application."; and

(b)    substitution for paragraph (c) of subsection (3) of the following paragraph:

"(c)  state that the requester may lodge a complaint to the Information Regulator an application with a court against the refusal of the request, and the procedure (including the period) for lodging a complaint to the Information Regulator or the application.".

16.  The amendment of section 57 by the substitution for paragraph (c) of subsection (3) of the following paragraph:

"(c)  that the requester may lodge a complaint to the Information Regulator or an application with a court against the extension, and the procedure (including the period) for lodging the application.".

17.   The amendment of section 73 by the—

(a)    substitution for paragraphs (b) and (c) of subsection (3) of the following paragraphs:

"(b)  that the third party may lodge a complaint to the Information Regulator or an application with a court against the decision of the head within 30 days after notice is given, and the procedure for lodging the complaint to the Information Regulator or the application; and

(c)   that the requester will be given access to the record after the expiry of the applicable period contemplated in paragraph (b), unless a complaint to the Information Regulator or an application with a court is lodged within that period."; and

(b)    substitution of subsection (4) of the following subsection:

"(4) If the head of the private body decides in terms of subsection (1) to grant the request for access concerned, he or she must give the requester access to the record concerned after the expiry of 30 days after notice is given in terms of subsection (1)(b), unless a complaint to the Information Regulator or an application with a court is lodged against the decision within that period.".

18.   The amendment of Chapter 1 of Part 4 by the insertion after section 77 of the following sections:

"CHAPTER 1A

COMPLAINTS TO REGULATOR

Complaints

77A. (1)    A requester or third party referred to in section 74 may only submit a complaint to the Information Regulator in terms of this section after that requester or third party has exhausted the internal appeal procedure against a decision of the information officer of a public body provided for in section 74.

(2)     A requester—

(a)    that has been unsuccessful in an internal appeal to the relevant authority of a public body;

(b)   aggrieved by a decision of the relevant authority of a public body to disallow the late lodging of an internal appeal in terms of section 75(2);

(c)    aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of ’public body’ in section 1—

(i)   to refuse a request for access; or

(ii)  taken in terms of section 22, 26(1) or 29(3); or

(d)   aggrieved by a decision of the head of a private body—

(i)    to refuse a request for access; or

(ii)  taken in terms of section 54, 57(1) or 60,

may within 180 days of the decision, submit a complaint, alleging that the decision was not in compliance with this Act, to the Information Regulator in the prescribed manner and form for appropriate relief.

(3)     A third party—

(a)   that has been unsuccessful in an internal appeal to the relevant authority of a public body;

(b)   aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of ‘public body’ in section 1 to grant a request for access; or

(c)    aggrieved by a decision of the head of a private body in relation to a request for access to a record of that body,

may within 180 days of the decision, submit a complaint, alleging that the decision was not in compliance with this Act, to the Information Regulator in the prescribed manner and form for appropriate relief.

Modes of complaints to Regulator

77B. (1)   A complaint to the Information Regulator must be made in writing.

(2)   The Information Regulator must give such reasonable assistance as is necessary in the circumstances to enable a person, who wishes to make a complaint to the Information Regulator, to put the complaint in writing.

Action on receipt of complaint

77C. (1)    The Information Regulator, after receipt of a complaint made in terms of section 77A, must—

(a)    investigate the complaint in the prescribed manner;

(b)    refer the complaint to the Enforcement Committee established in terms of section 50 of the Protection of Personal Information Act, 2013; or

(c)    decide, in accordance with section 77D, to take no action on the complaint or, as the case may be, require no further action in respect of the complaint.

(2)    During the investigation the Information Regulator may—

(a)    act, where appropriate, as conciliator in relation to such complaint in the prescribed manner; or

(b)    take such further action as is contemplated by this Chapter.

(3)    The Information Regulator must, as soon as is reasonably practicable, after receipt of a complaint, advise the complainant and the information officer or head of a private body, as the case may be, to whom the complaint relates of the course of action that the Information Regulator proposes to adopt under subsection (1).

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.

Investigation proceedings of Regulator

77G. (1)   For the purposes of the investigation of a complaint the Information Regulator has powers similar to those of the High Court in terms of section 80 relating to the disclosure of records to it and non-disclosure of records by it.

(2)    Section 81 of the Protection of Personal Information Act, 2013, applies to the investigation of complaints in terms of this Chapter.

Assessment

77H. (1)   The Information Regulator, on its own initiative, or at the request by or on behalf of an information officer or head of a private body or any other person may make an assessment in the manner prescribed of whether a public or private body generally complies with the provisions of this Act insofar as its policies and implementation procedures are concerned.

(2)    The Information Regulator must make the assessment if it appears to be appropriate, unless, where the assessment is made on request, the Information Regulator has not been supplied with such information as it may reasonably require in order to—

(a)     satisfy itself as to the identity of the person making the request; and

(b)    enable it to identify the private or public body concerned.

(3)    The matters to which the Information Regulator may have regard in determining whether it is appropriate to make an assessment include—

(a)    the extent to which the request appears to it to raise a matter of substance;

(b)   determining that the request is not frivolous or vexatious; and

(c)    whether or not the person making the request is entitled to make an application in terms of this Act in respect of the information in question.

(4)    If the Information Regulator has received a request under this section it must notify the person referred to in subsection (1)—

(a)    whether it has made an assessment as a result of the request; and

(b)    of any view formed or action taken as a result of the request.

Information Notice

77I. (1)     For the purposes of the investigation of a complaint the Information Regulator may serve the information officer or head of a private body with an information notice requiring said party to furnish the Information Regulator, within a specified period, in a form specified in the notice, with the information specified in the notice.

(2)    An information notice in terms of sub-section (1) must be accompanied by—

(a)   reasons for the issuing of the notice; and

(b)   particulars of the right to appeal conferred by section 78(4).

(3)    Section 90(3) to (9) of the Protection of Personal Information Act, 2013, applies to the serving of an information notice in terms of this Chapter.

Enforcement Notice

77J. (1)     The Information Regulator, after having considered the recommendation of the Enforcement Committee, may serve the information officer of a public body or the head of a private body with an enforcement notice—

(a)    confirming, amending or setting aside the decision which is the subject of the complaint; or

(b)    requiring the said officer or head to take such action or to refrain from taking such action as the Information Regulator has specified in the notice.

(2)    A notice in terms of subsection (1) must be accompanied by—

(a)    reasons for the notice; and

(b)    particulars of the right to make an application to court conferred by Chapter 2 of this Part.

(3)    Section 95(3) to (5) of the Protection of Personal Information Act, 2013, applies, with the necessary changes, to the serving of an enforcement notice in terms of this Chapter.

(4)    A copy of the notice referred to in subsection (1) that has been certified by the Information Regulator is, for purposes of the application referred to in section 78, conclusive proof of the contents of the enforcement notice that has been served by the Regulator.

Non-compliance with Enforcement Notice

77K. An information officer of a public body or head of a private body who refuses to comply with an enforcement notice referred to in section 77J, is guilty of an offence and liable upon conviction to fine or to imprisonment for a period not exceeding three years or to both such a fine and such imprisonment.’’.

19.     The amendment of section 78 by the substitution for the following section:

"Applications regarding decisions of information officers or relevant authorities of public bodies or heads of private bodies or Regulator

78. (1)     A requester or third party [referred to in section 74] may only apply to a court for appropriate relief in terms of section 82 [after that requester or third party has exhausted the internal appeal procedure against a decision of the information officer of a public body provided for in section 74] in the following circumstances:

(a)    After that requester or third party has exhausted the internal appeal procedure referred to in section 74; or

(b)    after that requester or third party has exhausted the complaints procedure referred to in section 77A.

(2)   A requester—

(a)   that has been unsuccessful in an internal appeal to the relevant authority of a public body;

(b)  aggrieved by a decision of the relevant authority of a public body to disallow the late lodging of an internal appeal in terms of section 75(2);

(c)   aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of ‘public body’ in section 1—

(i)     to refuse a request for access; or

(ii)    taken in terms of section 22, 26(1) or 29(3); [or]

(d)   aggrieved by a decision of the head of a private body—

(i)     to refuse a request for access; or

(ii)    taken in terms of section 54, 57(1) or 60[,]; or

(e)   that is aggrieved by any decision of the Information Regulator,

may, by way of an application, within [30] 180 days apply to a court for appropriate relief in terms of section 82.

(3)     A third party—

(a)     that has been unsuccessful in an internal appeal to the relevant authority of a public body;

(b)     aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of ‘public body’ in section 1 to grant a request for access; [or]

(c)     aggrieved by a decision of the head of a private body in relation to a request for access to a record of that body[,]; or

(d)     that is aggrieved by any decision of the Information Regulator,

may, by way of an application, within [30] 180 days apply to a court for appropriate relief in terms of section 82.

(4)     An information officer or relevant authority of a public body or the head of a private body, as the case may be, aggrieved by a decision of the Information Regulator in terms of section 77E(2)(b) or (c) may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82.".

20.     The amendment of the heading of Part 5 by substituting the words "Human Rights Commission" with the words "Information Regulator".

21.    The amendment of sections 32, 83, 84 and 85 by substituting the words "Human Rights Commission" wherever they occur, with the words "Information Regulator".

22.    The repeal of section 88.

23.    The amendment of the long title for the following long title:

"To give effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection of any rights; to provide that the Information Regulator, established in terms of the Protection of Personal Information Act, 2013, must exercise certain powers and perform certain duties and functions in terms of this Act; and to provide for matters connected therewith."

Act 25 of 2002

Electronic Communications and Transactions Act, 2002

1.     The amendment of section 1 by the substitution for the definition of "personal information" of the following definition:

" 'personal information' means information relating to an identifiable natural person, including, but not limited to—

(a)   information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;

(b)   information relating to the education or the medical, financial, criminal or employment history of the person;

(c)    any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assigned to the person;

(d)   the biometric information of the person;

(e)   the personal opinions, views or preferences of the person;

(f)   correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

(g)   the views or opinions of another individual about the person; and

(h)  the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person,

but excludes information about an individual who has been dead for more than 20 years;".

2.     The repeal of sections 45, 50 and 51.

Act 34 of 2005

National Credit Act, 2005

1.     The amendment of section 1 by the substitution of the definition of "prohibited conduct" with the following definition:

"'prohibited conduct' means any act or omission in contravention of the Act, other than an act or omission as contemplated in section 55(2)(b) or that constitutes an offence under this Act, by—

(a)   an unregistered person who is required to be registered to engage in such an act; or

(b)   a credit provider, credit bureau or debt counselor;" .

2.    The amendment of section 55 by the substitution for subsection (2) of the following subsection:

"(2) (a)    Before issuing a notice in terms of subsection (1)(a) to a regulated financial institution, the National Credit Regulator must consult with the regulatory authority that issued a licence to that regulated financial institution.

(b)   Sections 68, 70(1), (2)(b) to (g) and (i), (3) and (4) and 72(1), (3) and (5) will be subject to the compliance procedures set out in Chapters 10 and 11 of the Protection of Personal Information Act, 2013.".

3.     The amendment of section 68 by the deletion of subsection (2).

4.     The amendment of section 136 by the substitution for subsection (1) of the following subsection:

"(1) Any person may, subject to section 55(2)(b), submit a complaint concerning an alleged contravention of this Act to the National Credit Regulator in the prescribed manner and form."

5.     The amendment of section 137 by the deletion of subparagraph (a) of subsection (1).