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The POPI Act / Sections / Section 79
Section 79

Pre-investigation proceedings of Regulator

Chapter 10 · Enforcement · Part A, Complaints

Before proceeding to investigate any matter in terms of this Chapter, the Regulator must, in the prescribed manner, inform— (a) the complainant, the data subject to whom the investigation relates (if not the complainant) and any person alleged to be aggrieved (if not the complainant), of the Regulator's intention to conduct the investigation; and (b) the responsible party to whom the investigation relates of the— (i) details of the complaint or, as the case may be, the subject matter of the investigation; and (ii) right of that responsible party to submit to the Regulator, within a reasonable period, a written response in relation to the complaint or, as the case may be, the subject-matter of the investigation.

enforcementchapter 10pre-investigationright to respond
Beyond the text

What this means for your estate

  • Before investigating, the Regulator must tell your estate the details of the complaint and give you a reasonable period to submit a written response (paragraph (b)), this is the first formal opportunity to put your side on record, and it's worth treating seriously rather than informally.
Relevant tool

PopiGuard's Policy Vault and audit trail are exactly what you'd draw on to prepare a s.79(b) written response quickly and credibly.

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