and ensure compliance with the provisions of the Act.
52 The Information Officer
may also work with the Regulator in certain circumstances towards enforcement.
53
3.2 The Functions and Powers of the Information Regulator
One outstanding feature of the POPI Act is the extensive provision it makes on the
powers vested in the Information Regulator. In terms of section 40 of the Act, the
highlights of the main powers, duties and functions of the Regulator are: Firstly, the
Regulator is to provide education and give advice on issues relating to Act.
54
Secondly, it is the duty of the Regulator to monitor and enforce compliance with
the provisions of the Act.
55 This role includes “undertaking research into, and
monitoring developments in” issues regarding ICT. Thirdly, the Regulator is also
to consult with interested parties on matters regarding data protection generally.
56
Fourthly, the Information Regulator must handle complaints on data protection
violations and attempt to resolve these complaints.
57 Fifthly, it has the power to
conduct research and report to Parliament on the suitability of any international
instrument, or the need for any legislative amendments on any matter that has to do
with data protection.
58 Other powers vested in the Information Regulator are the
power to issue codes of conduct and the power to facilitate cross-border cooperation
in the enforcement of privacy laws.
59 The Regulator can also “do anything incidental
or conducive” to the performance of any of the above mentioned function and
exercise powers conferred on it by other legislation.
60 One unique power of the
supervisory authority in South Africa is power over matters concerning the Promotion of Access to Information Act.
61
With regard to sanctioning specifically, the Information Regulator has broad
powers. Complaints regarding interference with the protection of personal information of data subject may be handled in several ways by the Regulator. The Regular
may first decide to investigate the complaint.
62 After investigating, it may decide to
52 Section 50(1)(d) of the POPI Act.
53 See Section 55 of the POPI Act.
54 Section 40(a) of the POPI Act.
55 Section 40(b) of the POPI Act.
56 Section 40(c) of the POPI Act.
57 Section 40(d) of the POPI Act.
58 Section 40(e) of the POPI Act.
59 Section 40(f) and (g) of the POPI Act.
60 Section 40(1)(h) of the POPI Act.
61 Section 40(1)(h) of the POPI Act.
62 Section 76 of the POPI Act.
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L. A. Abdulrauf
52 The Information Officer
may also work with the Regulator in certain circumstances towards enforcement.
53
3.2 The Functions and Powers of the Information Regulator
One outstanding feature of the POPI Act is the extensive provision it makes on the
powers vested in the Information Regulator. In terms of section 40 of the Act, the
highlights of the main powers, duties and functions of the Regulator are: Firstly, the
Regulator is to provide education and give advice on issues relating to Act.
54
Secondly, it is the duty of the Regulator to monitor and enforce compliance with
the provisions of the Act.
55 This role includes “undertaking research into, and
monitoring developments in” issues regarding ICT. Thirdly, the Regulator is also
to consult with interested parties on matters regarding data protection generally.
56
Fourthly, the Information Regulator must handle complaints on data protection
violations and attempt to resolve these complaints.
57 Fifthly, it has the power to
conduct research and report to Parliament on the suitability of any international
instrument, or the need for any legislative amendments on any matter that has to do
with data protection.
58 Other powers vested in the Information Regulator are the
power to issue codes of conduct and the power to facilitate cross-border cooperation
in the enforcement of privacy laws.
59 The Regulator can also “do anything incidental
or conducive” to the performance of any of the above mentioned function and
exercise powers conferred on it by other legislation.
60 One unique power of the
supervisory authority in South Africa is power over matters concerning the Promotion of Access to Information Act.
61
With regard to sanctioning specifically, the Information Regulator has broad
powers. Complaints regarding interference with the protection of personal information of data subject may be handled in several ways by the Regulator. The Regular
may first decide to investigate the complaint.
62 After investigating, it may decide to
52 Section 50(1)(d) of the POPI Act.
53 See Section 55 of the POPI Act.
54 Section 40(a) of the POPI Act.
55 Section 40(b) of the POPI Act.
56 Section 40(c) of the POPI Act.
57 Section 40(d) of the POPI Act.
58 Section 40(e) of the POPI Act.
59 Section 40(f) and (g) of the POPI Act.
60 Section 40(1)(h) of the POPI Act.
61 Section 40(1)(h) of the POPI Act.
62 Section 76 of the POPI Act.
356
L. A. Abdulrauf