ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT
(SHOWING AMENDMENTS MADE BY ACT 5/2003)
(b) establish the grounds for findings and recommendations contained in a report made
under this Act.
(3) In conducting an investigation, audit or inquiry under this Act and in a report made under this Act, the Commission and anyone acting for or under the direction of the Commission
shall take every reasonable precaution to avoid disclosing information that a head of a public
body may not disclose in terms of this Act.
(4) The Commission may disclose to the Attorney-General information relating to the
commission of an offence if it considers that there is enough evidence to prove the commission
of an offence.
(5) The Commission may disclose, or may authorize anyone acting for or under its direction to disclose, information in an appeal.
52
Delegation of powers by Commission
(1) The Commission may delegate to any person any duty, power or function under this
Act except the power to delegate in terms of this section.
(2) A delegation made in terms of subsection (1) shall be in writing and may contain any
conditions or restrictions that the Commission considers appropriate.
52A Power of Commission to issue orders27
(1) Subject to sections fifty two B and ninety A, the Commission shall have power—
(a) to issue orders in relation to any matter referred to in paragraphs (a) to (e) or (g) of
subsection (1) of section fifty-two B;
(b) on its own initiative or at the request of any person, to issue orders—
(i) requiring that a duty imposed by or under this Act be performed;
(ii) extending a time limit in terms of section eleven or extending any other time
limit in terms of this Act;
(iii) confirming, exempting or reducing a fee, or ordering a refund, in the appropriate circumstances;
(iv) confirming a decision not to correct personal information or specify how personal information is to be corrected;
(v) requiring a public body to stop collecting, using or disclosing personal information in contravention of this Act;
(vi) requiring the head of a public body to destroy personal information collected in
contravention of this Act.
(2) The Commission may specify any terms or conditions subject to which an order is issued in terms of this section, including the time within which the person to whom the order is
issued shall comply with the order.
52B Determinations and inquiries by Commission28
(1) The Commission shall, in relation to the determination by it of the following matters⎯
27
Section inserted by s. 7 of Act 5/2003.
28
Section inserted by s. 7 of Act 5/2003.
26
Select target paragraph3
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