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Identification Act, 1997 (Act No. 68 of 1997)

Chapter 5 : General Provisions

21. Secrecy



(1) Subject to the provisions of subsections (2) and (3), no person shall publish or communicate to any other person any information recorded in the population register, an identity card, a temporary identity certificate or any certificate which he or she acquired by virtue of his or her functions in terms of any law, except for the purposes of this Act, judicial proceedings or the performance of his or her functions in terms of any other law, and no person who came into possession of any such information which to his or her knowledge has been communicated to him or her in contravention of the provisions of this section, shall publish the information or communicate it to any other person.


(2) Notwithstanding the provisions of subsection (1), the Director-General may furnish any information in respect of a person whose name is included in the population register to—
(a) any person or institution on behalf of, and on the written instruction of, any such person;
(b) any State department, municipality or statutory body;
(c) any organisation, body, society or institution whose main activity is insurance business as defined in the Insurance Act, 1943 (Act No. 27 of 1943), or banking as contemplated in the Banks Act, 1990 (Act No. 94 of 1990); or
(d) any other organisation, body, society or institution,

subject to the restrictions, conditions, exclusions, directives and fees as may be prescribed.


(3) No information maybe furnished to any organisation, body, society or institution contemplated in subsection (2) unless the information is required for the exercise or protection of any rights, is in the public interest, or is for the compilation of a voters’ roll.