| (1) |
The Public Protector shall treat the information received as a result of a complaint lodged or an investigation conducted as confidential and shall take reasonable steps to safeguard confidentiality. |
| (2) |
Subject to sub-rule (3), the Public Protector shall disclose information in his or her possession or under his or her control, only to the extent necessary to— |
| (a) |
carry out an effective investigation; |
| (b) |
resolve a dispute; or |
| (c) |
rectify an act or omission. |
| (3) |
The Public Protector shall exercise reasonable care and judgment in the disclosure of information about the identity or personal circumstances of the complainant, or information that could lead to the identification of the complainant, if— |
| (a) |
the complainant requested that his or her personal particulars be kept confidential; |
| (b) |
the information is protected by the Protected Disclosures Act, 2000 (Act No. 26 of 2000), or any other legislation; or |
| (c) |
the Public Protector is of the opinion that confidentiality is required to prevent imminent risk or serious harm to any person. |
[Rule 7(3) substituted by section 8 of Notice No. 1047, GG43758, dated 2 October 2020]
| (4) |
The Public Protector may, when the complainant has requested that their personal information be kept confidential and the Public Protector is of the view that these particulars are necessary in order to resolve the complaint— |
| (a) |
endeavour to de-identify the information as envisaged in the Protection of Personal Information Act No 4 of 2013; or |
| (b) |
refer the matter or any part thereof in terms of section 6 (4)(c)(ii) of the Act to an appropriate public body or authority that may be able to assist the complainant, without redacting personal information, with or without any recommendation he or she deems expedient; or |
| (c) |
decline to investigate the complaint. |
[Rule 7(4) substituted by section 9 of Notice No. 1047, GG43758, dated 2 October 2020]
| (5) |
The Public Protector shall inform the complainant within 7 days of his or her decision taken in terms of sub-rule(4) above. |
[Rule 7(5) substituted by section 10 of Notice No. 1047, GG43758, dated 2 October 2020]
South African Weather Service Act, 2001
