The information regulator published rules on the procedure a complainant should follow to submit a complaint to them. The rules set out detailed information on how the regulator will handle complaints. In this post, we summarise the rules, enable you to download them, and list what actions to take in the meantime.

The rules are not in operation yet. We will update this post as soon as the regulator announces the commencement date.

If you are a data subject, you can lodge a PAIA or POPIA complaint with the information regulator.

What is the purpose of the rules?

The main purpose of the rules is to promote and enhance access to the regulator for:

  • Data subjects who want to protect their personal information.
  • Responsible parties who are unhappy with the outcome of an adjudicator’s decision.

What do the rules deal with?

The rules consist of nine chapters (37 pages) and set out a detailed description of each step involved during a complaint process. It also covers:

  • Detailed steps about a person lodging a complaint (who can lodge, how to lodge and the information that the regulator requires when someone lodges a complaint. (Important!)
  • Rules around serving documents and notices to the regulator.
  • Information about what happens after someone submits a complaint to the regulator.
  • How the regulator conducts investigations into a complaint.
  • How the regulator will conduct a hearing.
  • How the enforcement committee resolves complaints. (Important!)

Actions you can take

  • You can delve into the detail by downloading a copy of the rules.
  • You can comment on the draft POPI Regulations because the provisions relating to complaints in the draft POPI regulations are reproduced in chapter 4 of the rules (which also deal with lodging of complaints). The draft regulations also propose changes to form 5 (Complaint regarding interference with the protection of personal information/complaint regarding the determination of an adjudicator).

Rules of procedure relating to the manner in which a complaint must be submitted and handled by the Regulator, 2021

That is the official title of the rules. Quite a mouthful.