PAIA

Protection of Access to Information Policy

Introduction and Purpose

ATG is a company functioning within the digital scanning industry which is obligated to comply with Section 51 of The Promotion of Access to Information Act No. 2 of 2000, as amended (PAIA)

This Policy sets out the manner in which ATG deals with Information and how it can be accessed, in accordance with PAIA
The purpose of this policy is to inform ATG staff, suppliers, customers and consumers of its Data Policies and to enable ATG to:
- Comply with the laws in respect of personal information it holds
- Follow good practice
- Protect ATG against a breach of its responsibilities

Company Contact Details

The Chief Executive Officer of ATG has duly authorised the contact person below to ensure that the Act is complied with:

Contact Person: Lynia Mudzusi and Neil Berman
Designation: Information Officer and Deputy Information Officer
Physical Address: Unit 13 Eastwood Office Park, 11B Riley Road, Bedfordview, 2007
Telephone: 010 500 8611
E-mail address: popi@atgdigital.biz
Website: www.atgdigital.biz

The Act

PAIA grants a requester access to the records of a private body if the record is required for the exercise or protection of any rights.
If a public body lodges a request, the public body must be acting in the public interest.
For the purposes of PAIA, ATG and all its subsidiaries are private bodies.
Requests in terms of PAIA shall be made in accordance with the prescribed procedures, at the rates provided.
Requesters are referred to the Guide in terms of Section 10 of of PAIA which has been compiled by the South African Human Rights Commission (SAHRC), which contains information for the purposes of exercising Constitutional Rights.

The Guide is available from the SAHRC and their contact details are:

Physical Address

The South African Human Rights Commission

Braampark Forum 3

33 Hoofd Street

Braamfontein,

Johannesburg

Postal Address

Private Bag X2700

Houghton

2041

Telephone: +27 11 877 3600

Fax: +27 11 403 0668

Website: www.sahrc.org.za

Applicable Legislation

Records are available in accordance with the following South African legislation (only to the extent that the relevant Act is applicable and which makes disclosure of records compulsory):

Basic Conditions of Employment Act
Broad-Based Black Economic Empowerment Act
Companies Act
Compensation for Occupational Injuries and Diseases Act
Competition Act
Consumer Protection Act
Electronic Communications and Transactions Act
Employment Equity Act
Financial Intelligence Centre Act
Income Tax Act
Insolvency Act
Labour Relations Act
Medical Schemes Act
National Credit Act
National Health Act
Occupational Health and Safety Act
Pension Funds Act
Promotion of Access to Information Act
Protected Disclosures Act
Regulation of Interception of Communications and Provision of Communication – Related Information Act
Skills Development Act and Skills Development Levies Act
Unemployment Insurance Contributions Act
Value Added Tax Act

Schedule of Records Available

Records which need to be requested, in accordance with PAIA:

Accounting
- Accounting Records
- General Correspondence
- Internal Reports and Communications
- Investment Records
- Management Reports
- PAYE Records
- Tax Records
- Transactional Records
- VAT Records

Chief Executive Officer’s Office
- Administration Records
- Financial Reports
- Internal Reports and Communications
- Research Records
- Sponsorship Records
- Statutory Records
- Relevant Contracts and Agreements
- General Correspondence
- Internal Reports and Communications
- Investment Records

Human Resources
- Contracts
- Employee Benefit Records
- Employee Records
- Employment Equity Records
- Employment Equity returns to the Department of Labour
- General Correspondence
- General HR Policies and Procedures
- Labour Relations Records
- Pension Records
- Standard Terms and Conditions of Employment applicable to all Staff
- Statutory Records
- Training Records
- Skills Development Plan

Risk and Compliance
- General Administration Records
- General Correspondence
- Risk Management Records
- Compliance Records
- Insurance Records

Legal
- Copies of Agreements
- General Correspondence
- Immovable Property Records
- Internal Reports and Communications
- Legal Records
- Litigation Records
- Intellectual Property Rights Records
- Statutory Records

Medical and Occupational Health
- Employee Records
- General Correspondence

Form of Request

To facilitate the processing of your request:

Use the prescribed form (Form C – when a request is made to a private body or business), available on the website of the SAHRC at www.sahrc.org.za.
Address your request to the Information Officer.
Provide sufficient details to enable ATG to identify:
1. The record(s) requested
2. The requester (and if an agent is lodging the request, proof of capacity)
3. The form of access required:
  1. The postal address, email address or fax number of the requester in the Republic
  2. If the requester wishes to be informed of the decision in any manner (in addition to written) and the manner and particulars thereof
  3. The right which the requester is seeking to exercise or protect, with an explanation of the reason the record is required to exercise or protect the right.

Any request for access to records should be submitted on the prescribed form C (a copy of which can be found below in Annexure A) and should sent to the Information Officer whose name and address details appear in Section 2 above.

Prescribed Fees and Procedure

The following applies to requests (other than a personal requester):

A requestor is required to pay the prescribed fees (R50.00) before a request will be processed
If the preparation of the record requires more than the prescribed hours (six), a deposit shall be paid (of not more than one third of the access fee which would be payable if the request were granted)
A requestor may lodge an application with a court against the tender/payment of the request fee and/or deposit
Records may be withheld until the fees have been paid
The fee structure is available on the website of the South African Human Rights Commission (SAHRC) at www.sahrc.org.za.

Please note that the correct completion and submission of a Request for Access Form does not automatically entitle or allow the applicant access to the requested record. An application for access to a record is subject to certain limitations if the requested record falls within a category as specified in Part 3 Chapter 4 of the Act.

Please further note that if it is reasonably suspected that an applicant has obtained access to a record on the basis of the submission of materially incorrect, false or misleading information, legal proceedings may be instituted against such applicant.

In the event that a request for access is successful an access fee will be payable for the search, reproduction and/or preparation of records and which will be calculated based on the fee prescribed under the Act.

Completion of Request for Access Form

Applicants should take note of the following guidelines when completing the attached Request for Access to Record of a Private Body (Form C):

The form must be completed by filling in all lines and spaces
Proof of the identity, in the form of a copy of the applicant’s identity document, is required to be submitted with the application
If the applicant is a body corporate, the authority of the person submitting the application on behalf of such body corporate must be proven on the basis of a written authority to be attached
Type or print in a clear legible manner
If a question does not apply indicate so by inserting “N/A” in response to that question, and if there is nothing to disclose in response to a particular question write “NIL” in response.
If there is insufficient space in the form, add additional paper upon which the information is provided, clearly indicating to which question it relates.

Request for information will be evaluated and the applicant will be notified within 30 days after receipt of the request in the prescribed format of the following:

Notification Of Extension Period (If Required)

Applicants must take note that in terms of the Act, the 30 days period mentioned above may be extended for a further period of not more than 30 days under certain circumstances (details will be provided together with the notification of such extension).

The Access Fee And/Or Deposit

The applicant will be informed of the access fee or deposit (if any) which is payable for having access to the records and for the search, reproduction and/or preparation work involved, the account details and the methods in which payment may be made. In addition, a deposit may be requested which is fully refundable in the event that the application is ultimately refused.

Decision on Request

The applicant will be informed whether or not the application for access has been denied, or granted. In the event that the application is refused, the applicant will be given adequate reasons for the refusal and will be informed that the applicant may lodge an application with a Court against the refusal of the application, as well as the procedure (including the period) for lodging such application.

Grounds for Refusal

ATG may legitimately refuse to grant access to a requested record that falls within a certain category. Grounds upon which ATG may refuse include:

Protecting personal information that ATG holds about a third person (who is a natural person), including a deceased person, from unreasonable disclosure
Protecting commercial information that ATG holds about a third party or ATG (for example trade secrets, financial, commercial, scientific or technical information that may harm the commercial or financial interests of ATG or the third party)
If disclosure of the record would result in a breach of a duty of confidence owed to a third party in terms of an agreement
If disclosure of the record would endanger the life or physical safety of an individual
If disclosure of the record would prejudice or impair the security of property or means of transport
If disclosure of the record would prejudice or impair the protection of a person in accordance with a witness protection scheme
If disclosure of the record would prejudice or impair the protection of the safety of the public
The record is privileged from production in legal proceedings, unless the legal privilege has been waived
Disclosure of the record (containing trade secrets, financial, commercial, scientific, or technical information) would harm the commercial or financial interests of ATG
Disclosure of the record would put ATG at a disadvantage in contractual or other negotiations or prejudice it in commercial competition
The record is a computer programme
The record contains information about research being carried out or about to be carried out on behalf of a third party of ATG.

Records That Cannot Be Found Or Do Not Exist

If ATG has searched for a record and it is believed that the record either does not exist or cannot be found, the requestor will be notified by way of an affidavit or affirmation. This will include the steps that were taken to try and locate the record.

Third Party Information

If access is requested to a record that contains information about a third party, ATG is obliged to attempt to contact this third party to inform them of the request. This enables the third party the opportunity of responding by either consenting to the access or by providing reasons why the access should be denied. In the event of the third party furnishing reasons for the support or denial of access, our Information Officer will consider these reasons in determining whether or not access should be granted.

Policy Review

The ATG Information Officer is responsible for an annual review to be completed prior to the policy anniversary date.
The Information Officer will ensure relevant stakeholders are consulted as part of the annual review to be completed prior to the policy anniversary date.

_____________________________________________________________________________________

APPENDIX A

FORM C

REQUEST FOR ACCESS TO A RECORD OF A PRIVATE BODY

Section 53(1) of the Promotion of Access to Information Act, 2000

(Act No. 2 of 2000)

[Regulation 10]

A. Particulars of private body

The Head:

B. Particulars of person requesting access to the record

a) The particulars of the person who requests access to the record must be given below.

b) The address and/or fax number in the Republic to which the information is to be sent must be given.

c) Proof of the capacity in which the request is made, if applicable, must be attached.

Full names and surname:

Identity number:

Postal address:

Fax number:

Telephone number:

E-mail address:

Capacity in which request is made, when made on behalf of another person:

C. Particulars of person on whose behalf request is made

This section must be completed if a is made on

Full names and surname:

Identity number:

D. Particulars of record

a) Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.

b) If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.

Description of record or relevant part of the record:
Reference number, if available:
Any further particulars of record:

E. Fees

a) A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.

b) You will be notified of the amount required to be paid as the request fee.

c) The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.

d) If you qualify for exemption of the payment of any fee, please state the reason for exemption.

Reason for exemption from payment of fees:

F. Form of access to record

If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required.

Disability:

Form in which record is required:

Mark the appropriate box with an X.

NOTES:

(a) Compliance with your request in the specified form may depend on the form in which the record is available.

(b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.

(c) The fee payable for access for the record, if any, will be determined partly by the form in which access is requested.

1. If the record is in written or printed form:

copy of record*

inspection of record

2. If record consists of visual images this includes photographs, slides, video recordings, computer-generated images, sketches, etc:

view the images

copy of the images

transcription of the images*

3. If record consists of recorded words or information which can be reproduced in sound:

listen to the soundtrack audio cassette

transcription of soundtrack*

written or printed document

4. If record is held on computer or in an electronic or machine-readable form:

printed copy of record*

printed copy of information derived from the record

copy in computer readable form*

If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be posted to you? *Postage is payable.

YES

G. Particulars of right to be exercised or protected

If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.

Indicate which right is to be exercised or protected:
Explain why the record requested is required for the exercise or protection of the aforementioned right:

C. Notice of decision regarding request for access

You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.

How would you prefer to be informed of the decision regarding your request for access to the record?

Signed at……………………this………… day of ………………… 20…………

SIGNATURE OF REQUESTER /

PERSON ON WHOSE BEHALF REQUEST IS MADE

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