Protection of Personal Information Act, 2013 (Act No. 4 of 2013)Codes of ConductGuidelines to Develop Codes of ConductPart 4 - Complaints Handling26. Purpose of a complaints handling procedure |
| 26.1 | The purpose of a complaints handling procedure is to: |
| 26.1.1 | ensure that the prescribed standard procedure is complied with; |
| 26.1.2 | ensure that complainants are aware of the procedure that will be utilised in handling complaints; |
| 26.1.3 | ensure that the procedure is fair, transparent, impartial and responsive; |
| 26.1.4 | enable the expedient resolution of complaints; |
| 26.1.5 | promote effective decision making; |
| 26.1.6 | ensure that complaints are first raised with the responsible party that has allegedly compromised personal information. |
| 26.1.7 | ensure that the responsible party is afforded the opportunity to respond to the complaint; |
| 26.1.8 | ensure that the data subject who is aggrieved by the decision of the responsible party submits the complaint to an independent adjudicator; and |
| 26.1.9 | ensure that the responsible party or data subject who is aggrieved by the decision of the independent adjudicator submits the complaint to the Regulator. |
| 26.2 | The complaint can be escalated directly to the Regulator in instances where the complaint warrants the attention of the Regulator, including and not limited to the following circumstances: |
| 26.2.1 | the complainant will be disadvantaged if the complaint is directed to the responsible party directly; |
| 26.2.2 | a systemic violation of the protection of personal information has occurred; |
| 26.2.3 | the responsible party has a history of habitual violation of the protection of personal information; |
| 26.2.4 | complainants represent a class of individuals against the same responsible party; or |
| 26.2.5 | the complaints arise out of similar circumstances and there is a common issue of law or fact. |