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South Africa: Information Regulator publishes draft rules of procedure for Enforcement Committee

The Information Regulator ('the Regulator') published, on 16 February 2023, Protection of Personal Information Act 4 of 2013 ('POPIA') Rules of Procedure Relating to the manner in which a complaint or any matter in terms of the POPIA must be referred to and considered for a finding, and recommendation by the Enforcement Committee, 2023, and is asking comments on the same. In particular, the draft rules indicate the Secretariat's duties and functions, as well as the powers of the Enforcement Committee. More specifically, the draft rules establish the proceeding in front of the Enforcement Committee, outlining the following, among other things:

  • the manner in which the Enforcement Committee should adjudicate a complaint, or any other matter referred to it;
  • types of matters that may be referred to the Enforcement Committee;
  • the manner and the form in which a complaint or other matter may be referred to the Enforcement Committee;
  • notification to the parties; and
  • the manner in which the responsible party and data subject may make submissions to the Enforcement Committee.

Lastly, comments may be submitted via email to [email protected] until 24 March 2023.

You can read the press release here and the draft rules here.