Chapter 2 – Application Provisions – Section 3

Chapter 2

Section 3 Application and interpretation of Act

  1. This Act applies to the processing of personal information—
    1. entererd into record by or for a responsible party by making use of automated or non-automated means: Provided that when the recorded personal information is processed by non-automated means, it forms part of a filing system or is intended to form part thereof; and
    2. where the responsible party is—
      1.  domiciled in the Republic; or
      2.  not domiciled in the Republic, but makes use of automated or non-automated means in the Republic, unless those means are used only to forward personal information through the Republic.
    1. This Act applies, subject to paragraph (b), to the exclusion of any provision of any other legislation that regulates the processing of personal information and that is materially inconsistent with an object, or a specific provision, of this Act.
    2. If any other legislation provides for conditions for the lawful processing of personal information that are more extensive than those set out in Chapter 3, the extensive conditions prevail.
  2. This Act must be interpreted in a manner that—
    1. gives effect to the purpose of the Act set out in section 2; and
    2. does not prevent any public or private body from exercising or performing its powers, duties and functions in terms of the law as far as such powers, duties and functions relate to the processing of personal information and such processing is in accordance with this Act or any other legislation, as referred to in subsection (2), that regulates the processing of personal information.
  3. ‘‘Automated means’’, for the purposes of this section, means any equipment capable of operating automatically in response to instructions given for the purpose of processing information.

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