ATC130613: Report of the Select Committee on Security and Constitutional Development on the Protection of Personal Information Bill [B 9B- 2009] (National Assembly – sec 75), dated 12 June 2013:
NCOP Security and Justice
Report of the Select Committee on Security and Constitutional
Development on the Protection of Personal Information Bill [B 9B- 2009
] (National
Assembly sec 75)
,
dated 12 June
2013:
The Select Committee on
Security and
Constitutional Development
, having considered the subject of the
Protection of Personal Information Bill
[B 9B- 2009
] (National Assembly sec 75)
,
referred to it, reports that it has agreed to the Bill
with the following proposed amendments:
The following amendments are proposed in respect of the text of the
Bill:
CONTENTS OF ACT
1.
On page 4, in line 25,
to insert or biometric information after behaviour
CLAUSE 4
1.
On page 10, after line
41, to insert
(5)
The
processing of the special personal information of a child is prohibited in
terms of sections 26 and 34 unless the provisions of sections 27 and 35 are
applicable in which case, subject to section 37, the conditions for the lawful
processing of personal information as referred to in Chapter 3 must be complied
with.
2.
On page 10, in line 42,
to renumber subclause (5) to subclause (6)
3.
On page 10, in line 46,
to renumber subclause (6) to subclause (7)
CLAUSE 6
1.
On page 11, in line 30,
to omit and
CLAUSE 18
1.
On page 16, in the first
line, after (iv) to omit the
2.
On page 16, in line 3,
after (v) to omit the
CLAUSE 24
1.
On page 18, in line 40,
to insert , as soon as reasonably practicable after must
CLAUSE 31
1.
On page 20, in line 31,
to insert , after institution
2.
On page 20, in line 31,
to insert , after principles
CLAUSE 32
1.
On page 21, in the first
line, to omit the word aid where it appears in that line
2.
On page 21, in line 5,
to omit the word aid
3.
On page 21, in line 7,
to omit aid and to substitute scheme
CLAUSE 33
1.
On page 21, in line 43,
to insert
or biometric information
after
behaviour
2.
On page 21, in line 45,
to insert or biometric information after behaviour
3.
On page 21, in lines 48
to 54, to omit the whole subclause 2
4.
On page 21, in line 55,
to renumber subclause (3) to subclause (2)
5.
On page 21, in line 58,
to renumber subclause (4) to subclause (3)
6.
On page 21, in line 60,
to insert or biometric information after behaviour
CLAUSE 38
1.
On page 23, in line 24,
to omit 11 and to substitute 11(3) and (4)
CLAUSE 40
1.
On page 24, in line 60,
to omit
co nsult
and to substitute
consult
CLAUSE 44
1.
On
page 27, in line 52, to omit information protection principles and to
substitute
conditions for the lawful
processing of personal information
CLAUSE 48
1.
On page 29, in line 47,
to omit , after section 47(1)
(b)
and to insert and
CLAUSE 72
1.
On page 37, in line 7,
to omit , after the word rules and to insert or
2.
On page 37, in lines 6
and 7, to omit
or a memorandum of understanding entered into between
two or more public bodies,
3.
On page 37, in lines 29
to 31, to omit the whole subclause (2)
4.
On page 37, in line 32,
to renumber subclause (3) to subclause (2)
5.
On page 37, in lines 33
to 39, to omit the whole paragraph
(a)
6.
On page 37, in line 40,
to renumber paragraph
(b)
to
paragraph
(a)
7.
On page 37, in line 45,
to renumber paragraph
(c)
to
paragraph
(b)
CLAUSE 99
1.
On page 45, in line 22, after
case; to insert or
2.
On page 45, in line 23,
to omit ; or and to substitute .
3.
On
page 45, in lines 24 to 26, to omit all the words from
(f)
up to and including section 72.
4.
On page 45, in line 56,
after If, to insert a
CLAUSE 106
1.
On page 47, in line 20,
to omit procure and to substitute procures
CLAUSE 115
1.
On page 50, in line 30,
to omit 2012 and to substitute 2013
SCHEDULE
1.
On
page 52, in the third column, in the last line, to omit
2012
and to
substitute
2013
2.
On
page 53, in the third column, in the sixteenth line, to omit
2012
and
to substitute
2013
3.
On
page 53, in the third column, in the twenty second line, to omit
2012
and to substitute
2013
4.
On
page 53, in the third column, in the forty-seventh line, to omit
2012
and to substitute
2013
5.
On
page 53, in the third column, in the fifty third line, to omit
2012
and to substitute
2013
6.
On
page 53, in the third column, in the fifty ninth line, to omit
2012
and to substitute
2013
7.
On
page 55, in the third column, in the twenty ninth line, to omit
2012
and to substitute
2013
8.
On
page 59, in the third column, in the forty eighth line, to omit
2012
and to substitute
2013
9.
On
page 59, in the third column, in the sixtieth line, after information to
insert
;and
10.
On page 59, after the
sixtieth line, to insert:
(v)
a general description allowing a preliminary assessment of
the suitability of the information security measures to be implemented by the
responsible party to ensure the confidentiality, integrity and availability of
the information which is to be processed.
11.
On
page 63, in the third column, in the fifty fourth line, to omit
2012
and to substitute
2013
12.
On
page 65, in the third column, in the twentieth line, to omit
2012
and
to substitute
2013
13.
On
page 66, in the third column, in the seventeenth line, to omit
2012
and to substitute
2013
14.
On
page 66, in the third column, in the forty first line, to omit
2012
and to substitute
2013
15.
On
page 67, in the third column, in the seventh line, to omit referred and to
substitute
[referred
16.
On
page 67, in the third column, in the eight line, to omit to in section
[74]
and to substitute
to in section 74]
17.
On
page 67, in the third column, in the fifteenth line, to omit after and to
substitute After
18.
On
page 67, in the third column, in the twentieth line, to omit . after section
77A
19.
On page 68, in the third
column, in the thirteenth line, to omit 10(2) and
20.
On page 68, in the third
column, in the fourteenth line, to omit (3)
21.
On
page 68, in the third column, in the twenty ninth line, to omit
2012
and to substitute
2013
22.
On
page 69, under Act 25 of 2002, in the third column, in the first and second
lines, to underline all the words
23.
On
page 69, under Act 25 of 2002, in the third column, in the third line, to omit
(e)
and to substitute
(e)
24.
On
page 69, under Act 34 of 2005, in the third column, in the thirteenth line, to
omit (b) and to substitute
(b)
25.
On
page 69, under Act 34 of 2005, in the third column, in the third last line, to
omit
2012
and to substitute
2013
Report to be considered.
__________________________
The
Honourable T M H Mofokeng, MP
Chairperson:
Select Committee on Security and
Constitutional Development
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