The POPI Act / Sections / Section 74
Section 74
Complaints
Chapter 10 · Enforcement ยท Part A, Complaints
(1) Any person may submit a complaint to the Regulator in the prescribed manner and form alleging interference with the protection of the personal information of a data subject.
(2) A responsible party or data subject may, in terms of section 63(3), submit a complaint to the Regulator in the prescribed manner and form if he, she or it is aggrieved by the determination of an adjudicator.
Source: justice.gov.za, Protection of Personal Information Act 4 of 2013 (official PDF), cross-checked verbatim before publishing.
Beyond the text
What this means for your estate
- Subsection (1) means anyone, not just the affected data subject, can lodge a complaint about your estate's handling of personal information; a resident's family member or even an outside observer has standing to complain.
- Subsection (2) is the escalation path from a code-of-conduct adjudicator's decision (s.63(3)) up to the Regulator itself, if either the estate or the resident is unhappy with that determination.
Relevant tool
PopiGuard's resident request workflow is designed to resolve issues before they reach a s.74 complaint, logged, actioned, and closed out with evidence.