Protection of Personal Information Act, 2013 (Act No. 4 of 2013)RegulationsRegulations relating to the Protection of Personal Information, 201810. Settlement of complaints |
| (1) | If it appears from a complaint or any written reply to the complaint under section 79(b)(ii) of the Act or during a conciliation meeting, that it may be possible to secure a settlement between the parties and if appropriate, satisfactory assurances as contemplated in section 80 of the Act, the Regulator may confer with the parties in person, by electronic communication means, or by any other means as is deemed appropriate to endeavour to obtain a settlement and if appropriate, satisfactory assurances as contemplated in section 80 of the Act. |
| (2) | If during the process referred to in sub-regulation (1) the Regulator decides to convene a settlement meeting, the Regulator must, as soon as it is practically possible, inform the data subject and the responsible party on Form 9 of the date, time and place of the settlement meeting. |
| (3) | For the purpose of settlement proceedings, the Regulator has the same powers of a conciliator contemplated in sub-regulations (2) to (3) of Regulation 8. |
| (4) | The Regulator must issue a settlement certificate on Form 10 within a reasonable time after the date of the conclusion of the settlement meeting. |
| (5) | If no settlement and assurance is secured or if either or both of the parties did not wish to attend a settlement meeting, the Regulator must proceed with the matter as provided for in terms of section 76 of the Act. |