Enforcement Notice
(1) The Information Regulator, after having considered the recommendation of the Enforcement Committee, may serve the information officer of a public body or the head of a private body with an enforcement notice— (a) confirming, amending or setting aside the decision which is the subject of the complaint; or (b) requiring the said officer or head to take such action or to refrain from taking such action as the Information Regulator has specified in the notice.
(2) A notice in terms of subsection (1) must be accompanied by— (a) reasons for the notice; and (b) particulars of the right to make an application to court conferred by Chapter 2 of this Part.
(3) Section 95(3) to (5) of the Protection of Personal Information Act, 2013, applies, with the necessary changes, to the serving of an enforcement notice in terms of this Chapter.
(4) A copy of the notice referred to in subsection (1) that has been certified by the Information Regulator is, for purposes of the application referred to in section 78, conclusive proof of the contents of the enforcement notice that has been served by the Regulator.
What this means in practice
- On the Enforcement Committee's recommendation, the Regulator can serve an enforcement notice — confirming, amending or setting aside the decision, or ordering the body to act or refrain from acting.
- The notice comes with reasons and the body's right to take it to court.
PopiGuard helps you comply with — or properly challenge — a Regulator enforcement notice.