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

Codes of Conduct

Guidelines to Develop Codes of Conduct

Part 5 - Reviewing, Varying and Revocation of an approved code of conduct

31. Variations to an approved code of conduct
Purchase cart Previous page Return to chapter overview Next page

 

31.1 The Regulator may approve, in writing, a variation of an approved code. A variation may occur:
31.1.1 when a relevant body bound by the approved code applies for variation; or
31.1.2 on the Regulator’s own initiative.

 

31.2 Where the Regulator decides to vary an approved code on its own initiative, the variation cannot include provisions that deal with exemptions.

 

31.3 Before deciding whether to approve a variation, the Regulator may undertake a consultation which may include:
31.3.1 making available a copy of the variation sought on the Regulator’s website;
31.3.2 consulting any affected persons the Regulator considers appropriate for the variation sought; and
31.3.3 publish a notice of the variation sought in the Gazette.

 

31.4 In deciding whether to consult regarding a variation, the Regulator may consider the extent to which relevant bodies bound by a code and affected persons have been afforded the opportunity to comment on the variation.

 

31.5 In deciding whether to approve a variation, the Regulator will consider the matters specified in these guidelines. The decision will be informed by whether the proposed variation effectively addresses the issues it seeks to resolve.

 

31.6 If the Regulator decides to vary an approved code, the Regulator must:
31.6.1 notify the relevant body of its decision including the date on which the variation will occur;
31.6.2 publish a notice of the variation on the Regulator’s website. The variation must be published as soon as practicably possible to ensure that relevant bodies have sufficient time to implement same;
31.6.3 add the varied code to the register and remove the original approved code from the register; and
31.6.4 publish a notice on the Regulator’s website and in the Gazette stating that the original approved code has been varied.

 

31.7 The relevant body must publish the varied code on its website within 14 days from the date of publication of the varied code in the Gazette.