take no action, refer the matter to a regulatory body.
63 It may also settle the matter.
64
The Regulator may also approach the court for a warrant to search premises of a
responsible party and seize property.
65 The Regulator may also serve an Information
notice to a privacy infringer.
66 The Regulator furthermore has powers to issue an
enforcement notice directing a responsible party to take certain steps or refrain from
taking steps in terms of violation of a data subject’s right.
67 Failure to comply with
any of these notices is a criminal offence which is punishable under the Act.
68 A
dissatisfied responsible party has the right to appeal to the court.
69
At the instance of a data subject, a responsible party may institute a civil action for
damages in a court for a breach of the provisions of the Act.
70 Furthermore, the Act
contains specific offence and penalties such as obstruction of the Regulator and
breach of confidentiality.
71 Finally, the Regulator has powers to impose an administrative fine on infringers.
72
3.3 The Information Regulator and Self-Regulatory
Instruments
The Regulator may issue code of conducts which are specifically tailored to meet the
needs of sector-specific data processing. These codes of conduct may be issued in
consultation with the affected stakeholders or a body representing such stakeholders.
73 I have argued above that this initiative may not be equated with selfregulation since the Regulator seems to have more powers with regards to the form
and content of such a code. A proper self-regulation initiative, as the name implies,
should allow the industry to make the instruments themselves which may only be
ratified/approved by the Regulator. Nevertheless, it would seem that section
65 allows for a proper self-regulation in that it provides that the Regulator may
provide written guidelines to assist bodies to develop code of conduct or apply
approved codes of conduct.
74
63 Section 78 of the POPI Act.
64 Section 80 of the POPI Act.
65 Section 82 of the POPI Act.
66 Section 90 of the POPI Act.
67 Section 95 of the POPI Act.
68 Section 103 of the POPI Act.
69 Section 97 of the POPI Act.
70 Section 99 of the POPI Act.
71 Sections 100 & 101 of the POPI Act.
72 Section 109 of the POPI Act.
73 Section 61 of the POPI Act.
74 Section 65 of the POPI Act.
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63 It may also settle the matter.
64
The Regulator may also approach the court for a warrant to search premises of a
responsible party and seize property.
65 The Regulator may also serve an Information
notice to a privacy infringer.
66 The Regulator furthermore has powers to issue an
enforcement notice directing a responsible party to take certain steps or refrain from
taking steps in terms of violation of a data subject’s right.
67 Failure to comply with
any of these notices is a criminal offence which is punishable under the Act.
68 A
dissatisfied responsible party has the right to appeal to the court.
69
At the instance of a data subject, a responsible party may institute a civil action for
damages in a court for a breach of the provisions of the Act.
70 Furthermore, the Act
contains specific offence and penalties such as obstruction of the Regulator and
breach of confidentiality.
71 Finally, the Regulator has powers to impose an administrative fine on infringers.
72
3.3 The Information Regulator and Self-Regulatory
Instruments
The Regulator may issue code of conducts which are specifically tailored to meet the
needs of sector-specific data processing. These codes of conduct may be issued in
consultation with the affected stakeholders or a body representing such stakeholders.
73 I have argued above that this initiative may not be equated with selfregulation since the Regulator seems to have more powers with regards to the form
and content of such a code. A proper self-regulation initiative, as the name implies,
should allow the industry to make the instruments themselves which may only be
ratified/approved by the Regulator. Nevertheless, it would seem that section
65 allows for a proper self-regulation in that it provides that the Regulator may
provide written guidelines to assist bodies to develop code of conduct or apply
approved codes of conduct.
74
63 Section 78 of the POPI Act.
64 Section 80 of the POPI Act.
65 Section 82 of the POPI Act.
66 Section 90 of the POPI Act.
67 Section 95 of the POPI Act.
68 Section 103 of the POPI Act.
69 Section 97 of the POPI Act.
70 Section 99 of the POPI Act.
71 Sections 100 & 101 of the POPI Act.
72 Section 109 of the POPI Act.
73 Section 61 of the POPI Act.
74 Section 65 of the POPI Act.
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