33 Protection of personal information
The head of a public body shall protect personal information that is under his custody or
control by taking reasonable steps to ensure that there is adequate security and there is no
unauthorised access, collection, use, disclosure or disposal of such personal information.
34 Retention of personal information
If a public body uses an individual’s personal information to make a decision that directly
affects the individual, the public body shall retain that information for at least one year after
using it so that the individual has a reasonable opportunity to have access to it.
35 Penalty for deliberately falsifying personal information
A person who, if requested to do so, deliberately supplies a public body with false personal
information shall be guilty of an offence and liable to a fine not exceeding twenty thousand
dollars or imprisonment for a period not exceeding six months or to both such fine and such
imprisonment.
PART VI
USE AND DISCLOSURE OF PERSONAL INFORMATION BY PUBLIC BODIES
36 Use of personal information
A public body may only use personal information—
(a) for the purpose for which that information was obtained or compiled, or for a use
consistent with that purpose; or
(b) if the person to whom the information relates has identified the information and has
consented, in the prescribed manner, to such use.
37 Disclosure for archival or historical purposes
The National Archives, or the archives of a public body, may disclose personal information
for archival or historical purposes if—
(a) such disclosure would not result in an unreasonable invasion of a person’s personal
privacy in terms of this Act; or
(b) the information is about a person who has been deceased for thirty or more years.
PART VII
MEDIA AND INFORMATION COMMISSION
38 Establishment of Media and Information Commission
(1) For the purposes of this Act, there is hereby established a Commission, to be known as
the Media and Information Commission, which shall be a body corporate capable of suing and
being sued in its own name and, subject to this Act, of performing all acts that bodies corporate
may by law perform.
39 Functions and powers of Commission
(1) Subject to this Act, the powers and functions of the Commission shall be—

20

Select target paragraph3