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Protection of Personal Information Act, 2013 (Act No. 4 of 2013)

Codes of Conduct

Guidelines to Develop Codes of Conduct

Part 2 - Issuing of a Code of Conduct by the Information Regulator (regulator)

16. Processing for issuing of code of conduct

 

The Regulator may issue a code of conduct after consultation with relevant stakeholders or on application by relevant bodies. The period of consultations with relevant stakeholders should not be less than 30 days.

 

16.1 Codes issued by the Regulator on own initiative

 

16.1.1 The Regulator may issue a code of conduct on own initiative after consultation with relevant stakeholders.
16.1.2 The consultation with the relevant stakeholders may take the following forms:
16.1.2.1 a notice in the Gazette that the issuing of a code is being considered;
16.1.2.2 a draft of a code made publicly available, for example on the Regulator’s website; or
16.1.2.3 an invitation to the public to make written submissions to the Regulator within specified period.
16.1.2.4 the Regulator must consider any submissions made within the specified period.
16.1.3 When conducting a consultation, the Regulator must ensure that participation in the consultation is accessible to all affected persons.
16.1.4 Consideration will be given to the comments raised by the affected persons and stakeholders consulted.

 

16.2 Codes issued by the Regulator on application by relevant bodies

 

The Regulator may also issue a code of conduct on application by relevant bodies.

 

16.2.1 The application for the issuing of a code must be made in the form and manner prescribed by the Regulator in the Regulations.
16.2.2 The application must amongst others be accompanied by the following documentation:
16.2.2.1 a copy of the proposed or draft code being applied for;
16.2.2.2 submissions received during consultations;
16.2.2.3 the period that the proposed code was available for consultation;
16.2.2.4 the relevant bodies which will be affected by the code;
16.2.2.5 the methods that were employed by the relevant body to consult with relevant stakeholders;
16.2.2.6 a list of relevant stakeholders, relevant bodies and affected persons who made submissions to the code;
16.2.2.7 details of the changes made to a code following consultations;
16.2.2.8 a summary of issues received through the consultation with relevant stakeholders, relevant bodies, and affected persons; and
16.2.2.9 reasons why a particular submission was not incorporated into the final document.
16.2.3 A statement of consultation with the application to issue a code should contain the following details:
16.2.3.1 a copy of the explanatory material that has been prepared in relation to the code;
16.2.3.2 if all the requirements in these guidelines are not met, reasons as to why those requirements have not been met or why they are not relevant; and
16.2.3.3 any other material document or information that may be relevant to the Regulator’s decision to issue a code.
16.2.4 The Regulator must acknowledge receipt of the application within a reasonable time which should not exceed a period of 14 days.
16.2.5 The decision of the Regulator on the application to issue a code of conduct must be made in a reasonable time that does not exceed 13 weeks from the date of publication of the notice in the Gazette.