POPIA Toolkit - PAIA & POPI Manual Template

The Promotion of Access to Information Act, 2000 (the “PAIA Act”) gives third parties the right to approach private bodies and the government to request information held by them, which is required in the exercise and/or protection of any rights. On request, the private body or government is obliged to release such information unless the PAIA Act expressly states that the records containing such information may or must not be released. This manual informs requestors of procedural and other requirements which a request must meet as prescribed by the PAIA Act. The Protection of Personal Information Act, 2013 (the “POPI Act”) provides for: a) promotion the protection of Personal Information processed by public and private bodies. b) certain conditions to establish minimum requirements for the processing of Personal Information. c) to provide for the establishment of an Information Regulator to exercise certain powers and to perform certain duties and functions in terms of the POPI Act and the PAIA Act. d) to provide for the issuing of codes of conduct. e) to provide for the rights of persons regarding unsolicited electronic communications and automated decision making. f) to regulate the flow of Personal Information across the borders of the Republic; and g) to provide for matters connected therewith. Section 14 of the Constitution of the Republic of South Africa, 1996, provides that everyone has the right to privacy. The right to privacy includes a right to protection against the unlawful collection, retention, dissemination, and use of personal information. The POPI Act gives Data Subjects1 the right to, in the prescribed manner , request a Responsible Party to correct or delete Personal Information about the Data Subject in its possession or under its control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or destroy or delete a record of Personal Information about the Data Subject that the Responsible Party is no longer authorised to retain access and/or request the correction or deletion of any Personal Information held about them that may be inaccurate, misleading or outdated. The Company endorses the spirit of the PAIA Act and POPI Act and believes that this Manual will assist requesters in exercising their rights. The Act seeks, inter alia, to give effect to the constitutional right of access to any information held by the state or by any other person where such information is required for the exercise or protection of any right. This PAIA Manual was compiled in terms of Section 51 of the PAIA Act to facilitate access to records held by the Company. It contains information required by a person wishing to exercise any right, contemplated by the PAIA Act. It is available in English. A copy of this Manual is available to the public in a PDF (“Portable Document Format”) version on the Company website or on request from the Deputy Information Officer referred to in this Manual. This PAIA Manual is also available for inspection, at the office of the offices of the Human Rights Commission at Braampark Forum 3, 33 Hoofd St, Johannesburg, 2017, South Africa and on its website at www.sahrc.org.za.