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: Lisa Greenwood

Designation: Information Officer

Physical Address: Unit 5, Eastwood Office Park. 11B Riley Road, Bedfordview, Germiston, 2007

Telephone: 010 500 8611

E-mail address: lisa@atthegate.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 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:

    • The record(s) requested

    • The requester (and if an agent is lodging the request, proof of capacity)

    • The form of access required:

      • The postal address, email address or fax number of the requester in the Republic

      • If the requester wishes to be informed of the decision in any manner (in addition to written) and the manner and particulars thereof

    • 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 be 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 requester 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 to 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.