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South African Police Service Act, 1995 (Act No. 68 of 1995)

Chapter 5B : Establishment, Administration and Maintenance of National Forensic DNA Database of South Africa

15Z. Functions of Board

 

(1) The Board must—
(a) monitor the implementation of this Chapter;
(b) make proposals to the Minister—
(i) on the improvement of practices regarding the overall operations of the NFDD;
(ii) the ethical, legal and social implications of the use of forensic DNA; and
(iii) on the training and the development of criteria for the use of familial searches;
(c) provide oversight over the processes relating to—
(i) the collection, retention, storage, destruction and disposal of DNA samples;
(ii) the retention and removal of forensic DNA profiles, as provided for in this Act;
(iii) familial searches;
(iv) any breach in respect of the taking, transporting, analysis, storing, use and communication of DNA samples and forensic DNA profiles, including security breaches; and
(v) security and quality management systems;
(d) handle complaints by—
(i) receiving and assessing complaints about alleged—
(aa) violations relating to the abuse of DNA samples and forensic DNA profiles;
(bb) security breaches, and reporting to complainants in respect thereof;
(ii) gathering such information which will assist the Board in discharging its duties and carrying out its functions under this section;
(iii) attempting to resolve complaints by means of dispute resolution mechanisms such as mediation and conciliation;
(iv) referring complaints to relevant authorities where applicable; and
(v) reporting to the Minister the outcome of every complaint;
(e) consider all reports submitted to it in terms of this Chapter; and
(f) consider any other matter related to this Chapter.

 

(2) The Board may gather such information which will assist it in discharging its duties and carrying out its functions under this Chapter.

 

(3) A copy of the report contemplated in section 15AC(5) must be submitted to the National Commissioner to follow up and address the issues contained therein.

 

(4) The National Commissioner must report to the Board within 90 days of receipt of the report contemplated in section 15AC(5) on the steps taken to rectify the issues contained therein.

 

(5) The Board may establish committees to deal with specific matters as and when required.

 

(6) The Board must submit a report on the execution of its functions to any authority established by law regulating the protection of personal information.

 

[Section 15Y inserted by section 6 of Act No. 37 of 2013]

 

 


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