Matters referred to Enforcement Committee
(1) After completing the investigation of a complaint or other matter in terms of this Act, the Regulator may refer such complaint or other matter to the Enforcement Committee for consideration, a finding in respect of the complaint or other matter and a recommendation in respect of the proposed action to be taken by the Regulator as referred to in section 93.
(2) The Regulator may prescribe the procedure to be followed by the Enforcement Committee, including— (a) the manner in which the responsible party and data subject may make submissions to the Enforcement Committee; (b) the opportunity afforded to the parties who make submissions to the Enforcement Committee to make use of legal or other representation; (c) the period within which the Enforcement Committee must make a finding and submit its recommendation to the Regulator in respect of the complaint or other matter; and (d) the manner in which the Enforcement Committee may finalise urgent matters.
What this means for your estate
- After investigating a complaint about your estate, the Regulator can refer the matter to the Enforcement Committee for a finding and a recommendation on what action to take (subsection (1)), this is an intermediate review stage between investigation and a final enforcement notice.
- Subsection (2)(a)-(b) means your estate gets a real opportunity to make submissions to the Committee, including with legal or other representation, worth using rather than waiting silently for a recommendation.
A documented PopiGuard compliance history is exactly what strengthens a s.92 submission to the Enforcement Committee, if a matter ever reaches that stage.