PAIA Manual

MANUAL PREPARED IN ACCORDANCE WITH SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT NO. 2 OF 2002 AND THE PROTECTION OF PERSONAL INFORMATION ACT NO. 4 of 2013, IN RESPECT OF THE COMPANY.

THIS IS AN IMPORTANT LEGAL DOCUMENT. PLEASE READ IT CAREFULLY.

The Company is a private body as contemplated in terms of PAIA and conducts business in the information technology sector and provides associated products and/or services to clients.  

This manual (“Manual”) has been prepared in accordance with section 51 of PAIA and POPIA, in respect of the Company, and is published on the Website (a copy can also be requested from the Company).

In terms of POPIA, this Manual is also subject to certain provisions and requirements in respect of Personal Information and should therefore be construed together with the Privacy Policy.

The effective date of this Manual is: 23rd September 2021.

1. INTERPRETATION
   1. In this Manual, the words and expressions set out hereunder will, unless otherwise stated or clearly inconsistent with the context in which they appear, bear the meanings specified hereunder, and other cognate words and expressions will bear corresponding meanings:
      1. “Company” – Data Prophet Proprietary Limited (Registration Number: 2012/052196/07) and/or DataProphet Operations Proprietary Limited (Registration Number: 2015/236592/07) (as the case may be), and any of their respective subsidiaries incorporated in South Africa (to the extent applicable);
      2. “Information Regulator” – the information regulator established in terms of section 39 of POPIA;
      3. “Manual” – has the meaning specified hereinabove;
      4. “PAIA” – the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000);
      5. “Personal Information” – information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:
         1. information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
         2. information relating to the education or the medical, financial, criminal or employment history of the person;
         3. any identifying number, symbol, email address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
         4. the biometric information of the person;
         5. the personal opinions, views or preferences of the person;
         6. correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
         7. the views or opinions of another individual about the person; and
         8. the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
      6. “POPIA” – the Protection of Personal Information Act, 2013 (Act No. 4 of 2013);
      7. “Privacy Policy” – the Company’s privacy policy from time to time, as published on the Website;
      8. “SAHRC” – the South African Human Rights Commission;
      9. “South Africa” – the Republic of South Africa; and
      10. “Website” – the website of the Company from time to time, accessible at: www.dataprophet.com.
2. AIM
   1. The aim of this Manual is to facilitate, and deal with, requests for access to the records of the Company, as provided for in PAIA and POPIA.
3. CONTACT INFORMATION

Information pursuant to section 51(1)(a) of PAIA:

1. The contact information of the Company, and the person who is deemed to be the head of the body (namely, the Company) for purposes of this Manual, is as follows:

2. For any request in respect of Personal Information, a copy of such request must also be sent to the Company’s appointed information officer, in terms of the Privacy Policy and POPIA.
3. GUIDES

Information pursuant to section 51(1)(b)(i) of PAIA:

1. SAHRC: In terms of section 10 of PAIA, a guide on PAIA and POPIA, which provides a detailed overview of such legislation and guidance on requests for access to records pursuant thereto, is available from the SAHRC and can be accessed at: https://www.sahrc.org.za/.
2. Information Regulator: From 1 July 2021, the Information Regulator will assume the functions of the SAHRC in respect of PAIA, and any queries or complaints relating to PAIA and/or POPIA should therefore be directed to the Information Regulator at: inforeg@justice.gov.za. Further information and guidance in respect of POPIA can be obtained from the Information Regulator at: https://www.justice.gov.za/inforeg/.
3. AUTOMATIC AVAILABILITY OF RECORDS

Information pursuant to section 51(1)(b)(ii) and 52 of PAIA:

1. As at the date of this Manual, no notice has been published in terms of section 52(2) of PAIA, in respect of records which are automatically available without request in terms of PAIA.
2. RECORDS HELD IN TERMS OF OTHER LEGISLATION

Information pursuant to section 51(1)(b)(iii) of PAIA: 

1. Certain records are held by the Company in terms of other legislation, this may include, but is not limited to, the following:
   1. Basic Conditions of Employment Act, No. 75 of 1997;
   2. Companies Act, No. 71 of 2008;
   3. Consumer Protection Act, No. 68 of 2008;
   4. Copyright Act, No. 98 of 1978;
   5. Electronic Communications and Transactions Act, No. 25 of 2002;
   6. Employment Equity Act, No. 55 of 1998;
   7. Financial Intelligence Centre Act, No. 38 of 2001 (“FICA”);
   8. Income Tax Act, No.58 of 1962;
   9. Labour Relations Act, No. 66 of 1995;
   10. Occupational Health and Safety Act, No. 85 of 1993;
   11. Promotion of Access of Information Act, No. 2 of 2000;
   12. Protection of Personal Information Act, No. 4 of 2013;
   13. Regulation of Interception of Communications and Provision of Communication-Related Information Act, No. 70 of 2002;
   14. Skills Development Act, No. 97 of 1998;
   15. Skills Development Levies Act, No. 9 of 1999;
   16. Unemployment Insurance Act, No. 63 of 2001;
   17. Unemployment Insurance Contributions Act, No. 4 of 2002;
   18. Value Added Tax Act, No. 89 of 1991.
2. SUBJECTS AND CATEGORIES OF INFORMATION HELD BY THE COMPANY

Information pursuant to section 51(1)(b)(iv) of PAIA: 

1. The following subjects and categories of records are held by the Company:

2. These records are not necessarily available to a requester in terms of PAIA, and certain grounds for refusal in terms of PAIA may be applicable thereto, which may also provide for compulsory request refusal.
3. REQUEST PROCEDURE

Information pursuant to section 51(1)(b)(iv) and 53 of PAIA:

1. A request for access to records of the Company must be made in the prescribed manner, and by completing the prescribed form (Form C), a copy of which is attached hereto as Annexure “A” and is also accessible at: https://www.justice.gov.za/.  
2. The requester must provide sufficient information regarding the request, specify the right which it seeks to exercise or protect, and explain why the requested records are required, pursuant to PAIA. 
3. Any decision in respect of a request shall be communicated to the requester in the prescribed manner and form. A request may (and in some instances must) be refused on the grounds specified in PAIA. 
4. PROCESSING OF PERSONAL INFORMATION

Information pursuant to section 51(c) of PAIA:

1. The Company processes Personal Information in accordance with its Privacy Policy, which concerns:
   1. the purpose of processing;
   2. categories of data subjects and the information relating thereto;
   3. recipients or categories of recipients of Personal Information;
   4. planned transborder flows of Personal Information; and
   5. information security measures.
2. APPLICABLE FEES

Information pursuant to section 54 of PAIA:

1. Save where a requester seeks to access a record containing Personal Information about such requester, a requester must pay a request fee of R50.00 in respect of the request to access records.
2. If a request for access to records is granted by the Company, then the requester shall also be required to pay an access fee in respect of the search, preparation and/or reproduction of the records, and the Company may withhold any records until such fees have been. The access fees, are subject to amendment, and include the following:

3. If the time spent in respect of the search, preparation and/or reproduction exceeds the prescribed number of hours, then the requester shall be required to pay an additional access fee.

11. INFORMATION OR RECORDS NOT FOUND
    1. If after all reasonable steps to locate a record, such record cannot be found or does not exist, then the head of the Company will notify the requester to access to the requested record cannot be provided and shall also provide details of all reasonable steps taken to locate the record.
    2. If any such record is found at a later stage, then the requester shall be notified thereof and be given access thereto, unless access is refused on any of the grounds provided for in PAIA.
12. THIRD PARTY INFORMATION
    1. If access relating to records of a third party is requested, the Company will take reasonable steps to notify such third party, and give effect to, the procedure provided for in terms of PAIA. The third party may make representations as to why access should be withheld or give consent, and such third party may approach the courts for a determination as to whether the Company should provide access to the records or not.
13. ACCESS TO MANUAL
    1. This Manual may be accessed, or copied, during office hours and without charge at the physical address of the Company as specified herein above. The Manual is also accessible on the Website.
14. UPDATING THE MANUAL
    1. The Company shall update the Manual every 12 months or at such other intervals as deemed necessary.