Category: POPI Act

Section 111 Fees

  1. The Minister may, subject to section 113 and after consultation with the Regulator, prescribe fees to be paid by data subjects—
    1. to responsible parties as referred to in section 23(1)(b)(ii); and
    2. to the Regulator as referred to in section 63(3).
  2. Different fees may be prescribed in respect of different categories of responsible parties and data subjects referred to in subsection (1)(a) and (b), respectively.

Section 112 Regulations

  1. The Minister may, subject to section 113, make regulations relating to—
    1. the establishment of the Regulator; and
    2. fees referred to in section 111(1).
  2. The Regulator may, subject to section 113, make regulations relating to—
    1. the manner in terms of which a data subject may object to the processing of personal information as referred to in section 11(3);
    2. the manner in which a data subject may submit a request to a responsible party as referred to in section 24(1);
    3. the processing of health information by certain responsible parties as referred to in section 32(6);
    4. the responsibilities of information officers as referred to in section 55(1)(e);
    5. the form in terms of which an application for a code of conduct must be submitted to the Regulator as referred to in section 61(1)(b);
    6. the manner and form within which the data subject’s consent must be requested as referred to in section 69(2)
    7. the manner and form in terms of which a complaint must be submitted in terms of section 74;
    8. the Regulator acting as conciliator in relation to any interference with the protection of personal information as referred to in section 76(1)(b);
    9. the notification of the parties concerned of an investigation to be conducted as referred to in section 79;
    10. the settlement of complaints as referred to in section 80;
    11. the manner in which an assessment of the processing of personal information will be made as referred to in section 89(1);
    12. the manner in terms of which the parties concerned must be informed of the developments during and result of an investigation as referred to in section 94; and
    13. matters incidental to the imposition of administrative fines as referred to in section 109.

Section 113 Procedure for making regulations

  1. The Minister, before making or amending any regulations referred to in section 112(1), must publish a notice in the Gazette—
    1. setting out that draft regulations have been developed;
    2. specifying where a copy of the draft regulations may be obtained; and
    3. inviting written comments to be submitted on the proposed regulations within a specified period.
  2. After complying with subsection (1) and after consultation with the Regulator in respect of the draft regulations referred to in section 112, the Minister may—
    1. amend the draft regulations; and
    2. subject to subsection (5), publish the regulations in final form in the Gazette.
  3. The Regulator, before making or amending any regulations referred to in section 112(2), must publish a notice in the Gazette—
    1. setting out that draft regulations have been developed;
    2. specifying where a copy of the draft regulations may be obtained; and
    3. inviting written comments to be submitted on the proposed regulations within a specified period.
  4. After complying with subsection (3), the Regulator may—
    1. amend the draft regulations; and
    2. subject to subsection (5), publish the regulations in final form in the Gazette.
    1. The Minister or the Regulator, as the case may be, must, within 30 days before publication of the regulations in the Gazette, as referred to in subsection (2)(b) or (4)(b), table them in Parliament.
    2. Subsection (1) or (3) does not apply in respect of any amendment of the regulations as a result of the process referred to in paragraph (a).

Section 114 Transitional arrangements

  1. All processing of personal information must within one year after the commencement of this section be made to conform to this Act.
  2. The period of one year referred to in subsection (1) may be extended by the Minister, on request or of his or her own accord and after consultation with the Regulator, by notice in the Gazette in respect of different class or classes of information and bodies by an additional period which period may not exceed three years.
  3. Section 58(2) does not apply to processing referred to in section 57, which is taking place on the date of commencement of this Act, until the Regulator determines otherwise by notice in Gazette.
  4. The South African Human Rights Commission must, in consultation with the Information Regulator, finalise or conclude its functions referred to in sections 83 and 84 of the Promotion of Access to Information Act, as soon as reasonably possible after the amendment of those sections in terms of this Act.