Protection of Personal Information Act, 2013 (Act No. 4 of 2013)RegulationsRegulations relating to the Protection of Personal Information, 20188. Regulator acting as conciliator during investigation |
| (1) | If during the investigation of a complaint the Regulator decides to act as a conciliator in terms of section 76(1)(b) of the Act, and convene a conciliation meeting, the Regulator must, as soon as it is practically possible, inform the data subject and the responsible party implicated in the complaint on Form 6 of the following: |
| (a) | the Regulator’s decision to act as a conciliator in the matter; and |
| (b) | the date, time and place of the conciliation meeting. |
| (2) | The Regulator— |
| (a) | may consolidate separate complaints, which are alleged to relate to the same interference with the protection of personal information by the same responsible party, in order to deal with the complaints in the same conciliation proceedings; |
| (b) | must ensure that all persons entitled to attend the conciliation meeting are notified within a reasonable time, of the date, time and place of the meeting; |
| (c) | may request all the relevant documentation relating to the complaint from the data subject and the responsible party; and |
| (d) | may confer with the parties in person, by electronic communication means, or by any other means as is deemed appropriate. |
| (3) | Where a conciliation meeting fails to take place, the Regulator must arrange for an alternative date and notify the persons entitled to attend the conciliation meeting accordingly. |
| (4) | The Regulator must issue a conciliation certificate on Form 7 within a reasonable time after the date of the conclusion of the conciliation meeting. |
| (5) | If the complaint is not resolved, or either or both of the parties did not attend a conciliation meeting, the Regulator must proceed with the complaint as provided for in terms of section 76 of the Act. |