Healthcare & Mobility Africa CC |
PAIA Manual |
- DEFINITIONS
- INTRODUCTION
- CONTACT DETAILS
- GUIDE OF INFORMATION REGULATOR
- LATEST NOTICES IN TERMS OF SECTION 52(2) OF PAIA
- AVAILABILITY OF CERTAIN RECORDS IN TERMS OF PAIA
- RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION
- REQUEST PROCESS
- GROUNDS FOR REFUSAL
- REMEDIES SHOULD A REQUEST BE REFUSED
- FEES
- POPI
1. DEFINITIONS
Client | Any natural or juristic person that received or receives services from the Company. |
Conditions for Lawful Processing | The conditions for the lawful processing of Personal Information as fully set out in chapter 3 of POPI and in paragraph 12 of this Manual. |
Data Subject | The person to whom Personal Information relates. |
Information Officer | The individual who is identified in paragraph 3 of this manual. |
Manual | This manual. |
PAIA | The Promotion of Access to Information Act 2 of 2000. |
Personal Information | Means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to –
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Personnel | Any person who works for or provides services to or on behalf of the Company, and receives or is entitled to receive remuneration and any other person who assists in carrying out or conducting the business of the Company, which includes, without limitation, directors (executive and non-executive), all permanent, temporary and part-time staff as well as contract workers. |
POPI | The Protection of Personal Information Act 4 of 2013. |
POPI Regulations | The regulations promulgated in terms of section 112(2) of POPI. |
Private Body | Means –
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Processing | Means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including –
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SAHRC | The South African Human Rights Commission. |
2. INTRODUCTION
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- For the purpose of POPI and PAIA, the Company is defined as a private body. In accordance with the Company’s obligations in terms of POPI and PAIA, the Company has produced this manual.
- This manual sets out all information required by both PAIA and POPI.
- This manual also deals with how requests are to be made in terms of PAIA.
- This manual also establishes how compliance with POPI is to be achieved.
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3. CONTACT DETAILS
Business Name | Healthcare & Mobility Africa CC |
Registration Number | 2008/219392/23 |
Registered Office | Cape Town |
Postal Address | 55 Columbus Crescent, Rivergate Business Park, Parklands North |
Contact Number | 021 879 0868 |
Information Officer | Craig David Nunns |
Deputy Information Officer/s | Helen De Kock, Barend Van der Linde, Werner Botha |
Email address/es | craig@hcma.co.za |
4. GUIDE OF INFORMATION REGULATOR
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- A guide to PAIA and how to access information in terms of PAIA has been published pursuant to section 10 of PAIA.
- The guide contains information required by an individual who may wish to exercise their rights in terms of PAIA.
- Should you wish to access the guide you may request a copy from the Information Officer by submitting ANNEXURE A, attached hereto, to the details specified above.
- You may also inspect the guide at the Company’s offices during ordinary working hours.
- You may also request a copy of the guide from Information Regulator at the following details:
5. LATEST NOTICES IN TERMS OF SECTION 52(2) OF PAIA
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- At this stage no Notice(s) has/have been published on the categories of records that are available without having to request access to them in terms of PAIA.
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6. AVAILABILITY OF CERTAIN RECORDS IN TERMS OF PAIA
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- The Company holds and/or process the following records for the purposes of PAIA and POPI.
- The following records may be requested; however, it should be noted that there is no guarantee that the request will be honoured. Each request will be evaluated in terms of PAIA and any other applicable legislation.
- All products and/or services are available freely on the Company’s website as set out above.
- Employment Contracts
- Employee Benefits
- Personnel Records and Correspondence
- Training Records
- Internal Policies
- Information pertaining to share options, share incentives, bonus or profit-sharing agreements of each employee
- Pension and Provident Fund Records
- Agreements with Clients
- Agreement with Suppliers
- Licenses and Permits
- Power of Attorneys
- Sale Agreements
- Lease Agreements
- Memorandum of Incorporation
- Secretarial Records
- Tradename Registrations
- Trademark Registrations
- Company Registration Documents
- Statutory Registers
- Minutes of Shareholder’s meetings
- Minutes of Director’s meetings
- Register of Directors
- Share Certificates
- Accounting Records
- Annual Reports
- Interim Reports
- Auditor Details and Reports
- Tax Returns
- Insurance Records
- Client Database
- Credit Applications
- Correspondence with Clients
- Documentation prepared for Clients.
- Invoices, receipts, credit and debit notes
- Published Marketing Material
- Internal Correspondence
- Information Technology Records
- Trade secrets
- Domain Name Registrations
- Website Information
- Asset Registers
- Title Deeds
7. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION
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- Basic Conditions of Employment Act, No. 75 of 1997
- Companies Act, No. 71 of 2008
- Compensation for Occupational Injuries and Diseases Act, No. 130 of 1993
- Competition Act, No. 89 of 1998
- Consumer Protection Act, No. 68 of 2008
- Customs and Excise Act No. 91 of 1964
- Electronic Communication and Transactions Act, No. 25 of 2002
- Employment Equity Act, No. 55 of 1998
- Identification Act, No. 68 of 1997
- Income Tax Act, No. 58 of 1962
- Intellectual Property Laws Amendment Act No.38 of 1997
- National Credit Act, No. 34 of 2005
- National Payment Systems Act No. 78 of 1998
- Occupational Health and Safety Act No. 85 of 1993
- Patents, Designs and Copyright Merchandise Marks Act, No. 17 of 1941
- Pension Funds Act, No. 24 of 1956
- Promotion of Access to Information Act, No. 2 of 2000
- Protection of Personal Information Act, No. 4 of 2013
- Road Transportation Act No. 74 of 1977
- Skills Development Levies Act, No. 9 of 1999
- The Labour Relations Act, No. 66 of 1995
- Trademark Act No. 194 of 1993
- Unemployment Insurance Act, No. 63 of 2001
- Value Added Tax Act, No. 89 of 1991
*Although we have used our best endeavours to supply a list of applicable legislation, it is possible that this list may be incomplete. Whenever it comes to our attention that existing or new legislation allows a Requester access on a basis other than as set out in PAIA, we shall update the list accordingly. If a Requester believes that a right of access to a record exists in terms of other legislation listed above or any other legislation, the Requester is required to indicate what legislative right the request is based on, to allow the Information Officer the opportunity of considering the request in light thereof.
8. REQUEST PROCESS
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- An individual who wishes to place a request must comply with all the procedures laid down in PAIA.
- The requester must complete ANNEXURE B, which is attached hereto and submit it to the Information Officer at the details specified above.
- The prescribed form must be submitted as well as payment of a request fee and a deposit, if applicable to the information officer at the postal or physical address, fax number or electronic mail as is stated herein.
- The prescribed form must be completed with enough particularity to enable the information officer to determine:
- The record(s) requested;
- The identity of the requestor;
- What form of access is required; and
- The Postal address or fax number of the requestor.
- The requestor must state that the records are required for the requestor to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. An explanation of why the records requested is required to exercise or protect the right.
- The request for access will be dealt with within 30 days from date of receipt, unless the requestor has set out special grounds that satisfies the Information Officer that the request be dealt with sooner.
- The period of 30 days may be extended by not more than 30 additional days, if the request is for a large quantity of information, or the request requires a search for information held at another office of the Company and the information cannot be reasonably obtained within 30 days. The information officer will notify the requestor in writing should an extension be necessary.
- The Information Officer must communicate a response to the request for access using “Annexure E”, this communication shall inform the requestor of:
- The decision;
- Fees payable in terms of paragraph 11.
- In the event that the Information Officer is of the opinion that the searching and preparation of the record for disclosure would amount to more than 6 hours, he/she shall inform the requestor to pay a deposit not exceeding one third of the amount payable.
- Should the requestor have any difficulty with the form or the process laid out herein, the requestor should contact the Information Officer for assistance.
- An oral request can be made to the Information Officer should the requestor be unable to complete the form due to illiteracy or a disability. The Information Officer will complete the form on behalf of the requestor and provide a copy of the form to the requestor.
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9. GROUNDS FOR REFUSAL
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- The following are grounds upon which the Company may, subject to the exceptions in Chapter 4 of PAIA, refuse a request for access in accordance with Chapter 4 of PAIA:
- Mandatory protection of the privacy of a third party who is a natural person, including a deceased person, where such disclosure of Personal Information would be unreasonable.
- Mandatory protection of the commercial information of a third party, if the Records contain:
- Trade secrets of that third party;
- Financial, commercial, scientific or technical information of the third party, the disclosure of which could likely cause harm to the financial or commercial interests of that third party; and/or
- Information disclosed in confidence by a third party to The Company, the disclosure of which could put that third party at a disadvantage in contractual or other negotiations or prejudice the third party in commercial competition;
- Mandatory protection of confidential information of third parties if it is protected in terms of any agreement;
- Mandatory protection of the safety of individuals and the protection of property;
- Mandatory protection of Records that would be regarded as privileged in legal proceedings;
- Protection of the commercial information of the Company, which may include:
- Trade secrets;
- Financial/commercial, scientific or technical information, the disclosure of which could likely cause harm to the financial or commercial interests of the Company;
- Information which, if disclosed, could put the Company at a disadvantage in contractual or other negotiations or prejudice the Company in commercial competition; and/or
- Computer programs which are owned by the Company, and which are protected by copyright and intellectual property laws;
- Research information of the Company or a third party, if such disclosure would place the research or the researcher at a serious disadvantage; and
- Requests for Records that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources.
- The following are grounds upon which the Company may, subject to the exceptions in Chapter 4 of PAIA, refuse a request for access in accordance with Chapter 4 of PAIA:
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10. REMEDIES SHOULD A REQUEST BE REFUSED
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- The Company does not have an internal appeal procedure in light of a denial of a request, decisions made by the information officer is final.
- The requestor may in accordance with sections 56(3) (c) and 78 of PAIA, apply to a court for relief within 180 days of notification of the decision for appropriate relief.
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11. FEES
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- The following fees shall be payable upon request by a requestor:
Request fee (Payable on every request) | R140.00 |
Photocopy of an A4 page or part thereof | R2.00 |
Printed copy of an A4 page or part thereof | R2.00 |
Hard copy on flash drive (Flash drive to be provided by requestor) | R40.00 |
Hard copy on a compact disc (Compact disc to be provided by requestor) | R40.00 |
Hard copy on a compact disc (Compact disc to be provided by the Company) | R60.00 |
Transcription of visual images per A4 page | As per quotation of service provider |
Copy of visual images | As per quotation of service provider |
Transcription of an audio record per A4 page | R24.00 |
Copy of an audio record on flash drive (Flash drive to be provided by requestor) | R40.00 |
Copy of an audio on a compact disc (Compact disc to be provided by requestor) | R40.00 |
Copy of an audio on a compact disc (Compact disc to be provided by the Company) | R60.00 |
To search for and prepare the record for disclosure for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation | R145.00 |
To search for and prepare the record for disclosure for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation (Cannot exceed total cost) | R435.00 |
Postage, email or any other electronic transfer | Actual expense, if any |
12. POPI
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- Conditions fort lawful processing:
- POPI has eight conditions for lawful processing and includes:
- Accountability
- Processing limitation
- Purpose specification
- Further processing limitation
- Information quality
- Openness
- Security safeguards
- Data subject participation
- The Company is involved in the following types of processing:
- Collection
- Recording
- Organization
- Structuring
- Storage
- Adaptation or alteration
- Retrieval
- Consultation
- Use
- Disclosure by transmission
- Dissemination or otherwise making available
- Alignment or combination
- Restriction
- Erasure
- Destruction
- The Company processes information for the following purposes:
- To fulfil agreements in relation to its employees;
- to provide services to its Clients in accordance with terms agreed to
- POPI has eight conditions for lawful processing and includes:
- Conditions fort lawful processing:
- to undertake activities related to the provision of services, such as
- to fulfil domestic legal, regulatory and compliance requirements;
- to verify the identity of Customer representatives who contact the Company or may be contacted by The Company;
- for risk assessment, information security management, statistical, trend analysis and planning purposes;
- to monitor and record calls and electronic communications with the Client for quality, training, investigation and fraud prevention purposes;
- to enforce or defend the Company or the Company affiliates’ rights;
- to manage the Company’s relationship with its clients, which may include providing information to its clients and its clients affiliates about the Company’s and the Company affiliates’ products and services;
- the purposes related to any authorised disclosure made in terms of
- any additional purposes expressly authorised by the Company’s
- any additional purposes as may be notified to the Client or Data
- The Company processes personal information the following categories of Data Subjects:
- Juristic persons –
- Corporate Clients
- Suppliers
- Natural persons –
- Individuals
- Staff
- Clients
- Suppliers
- Juristic persons –
- The Company process the following categories personal information:
- Client profile information;
- Bank account details;
- Payment information;
- Client representatives;
- Names;
- Email addresses;
- Telephone numbers;
- Facsimile numbers;
- Physical addresses;
- Tax numbers;
- Identity numbers;
- Passport numbers;
- Recipients of Personal Information;
- The Company, the Company’s affiliates, their respective representatives.
- When making authorised disclosures or transfers of personal information in terms of Section 72 of POPI, personal information may be disclosed to recipients in countries that do not have the same level of protection for personal information as South Africa does.
- The following Security measures are implemented by the Company:
- The Company implements numerous Security measures to protect personal information that is stored electronically and physically.
- The Company ensures that appropriate security measures are taken and updates these measures on a regular basis.
- The Company have also implemented various policies for additional security for personal information stored both physically and electronically.
- The personal information that is stored physically is protected as follows:
- Where physical records of the data exist, such records will be stored in a secure area that can be ‘locked-away’ as to avoid a breach of the personal information.
- Such physical data records will be ‘locked-away’ and secured when not in use.
- The Company may share personal information with third parties and in certain instances this may result in cross border flow of the personal information. The personal information will always be subject to protection, not less than the protection it is afforded under the Protection of Personal Information Act No.4 of 2013.
- Objection to the processing of personal information by a data subject:
- Section 11(3) of POPI and regulation 2 of the POPI regulations provides that a
- Request for correction or deletion of personal information:
- Section 24 of POPI and regulation 3 of the POPI regulations provides that a
- Regulation 8 of the POPI regulations provides for requests the outcomes of
Full Names: | ||||
In my capacity as (mark with “X”): | Information Officer: | Other: | ||
Name of Public/Private Body (if applicable): | ||||
Postal Address: | ||||
Street Address: | ||||
E-mail Address: | ||||
Facsimile: | ||||
Contact Numbers: | Tel. (B): | Cellular: |
Language (mark with “X”): | No of Copies | Language (mark with “X”): | No of Copies |
Sepedi | Sepedi | ||
Setswana | Setswana | ||
Tshivenda | Tshivenda | ||
Afrikaans | Afrikaans | ||
isiNdebele | isiNdebele | ||
isiZulu | isiZulu |
Personal Collection | Postal Address | Facsimile | Electronic Communication (Please Specify) |
- Proof of identity must be attached by the requester.
- If requests made on behalf of another person, proof of such authorisation, must be attached to this form.
PERSONAL INFORMATION | ||||
Full Names: | ||||
Identity Number: | ||||
Capacity in which request is made (when made on behalf of another person): | ||||
Postal Address: | ||||
Street Address: | ||||
E-mail Address: | ||||
Contact Numbers: | Tel. (B): | Facsimile: | ||
Cellular: | ||||
Full Name of person on whose behalf request is made (if applicable): | ||||
Identity Number: | ||||
Postal Address: | ||||
Street Address: | ||||
E-mail Address: | ||||
Contact Numbers: | Tel. (B): | Facsimile: | ||
Cellular: | ||||
PARTICULARS OF RECORD REQUESTED 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. (If the provided space is inadequate, please continue on a separate page and attach it to this form. All additional pages must be signed.) | ||||
Description of record or relevant part of the record: | ||||
Reference number, if available: | ||||
Any further particulars of record: | ||||
TYPE OF RECORD (Mark the applicable box with an “X”) | |
Record is in written or printed form | |
Record comprises virtual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc.) | |
Record consists of recorded words or information which can be reproduced in sound | |
Record is held on a computer or in an electronic, or machine-readable form |
FORM OF ACCESS (Mark the applicable box with an “X”) | |
Printed copy of record (including copies of any virtual images, transcriptions and information held on computer or in an electronic or machine-readable form) | |
Written or printed transcription of virtual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc.) | |
Transcription of soundtrack (written or printed document) | |
Copy of record on flash drive (including virtual images and soundtracks) | |
Copy of record on compact disc drive (including virtual images and soundtracks) | |
Copy of record saved on cloud storage server |
MANNER OF ACCESS (Mark the applicable box with an “X”) | |
Personal inspection of record at registered address of public/private body (including listening to recorded words, information which can be reproduced in sound, or information held on computer or in an electronic or machine-readable form) | |
Postal services to postal address | |
Postal services to street address | |
Courier service to street address | |
Facsimile of information in written or printed format (including transcriptions) | |
E-mail of information (including soundtracks if possible) | |
Cloud share/file transfer | |
Preferred language (Note that if the record is not available in the language you prefer, access may be granted in the language in which the record is available) |
PARTICULARS OF RIGHT TO BE EXERCISED OR PROTECTED If the provided space is inadequate, please continue on a separate page and attach it to the Form. The requester must sign all the additional pages. | |
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: | |
FEES | |
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Reason | |
Postal Address | Facsimile | Electronic Communication (Please Specify) |
Reference Number: | |
Request received by: (State Rank, Name and Surname of Information Officer) | |
Date Received: | |
Access Fees: | |
Deposit (if any): |
- Affidavits or other documentary evidence in support of the objection must be attached.
- If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.
DETAILS OF DATA SUBJECT | |
Name and Surname of Data Subject | |
Residential, postal or business address | |
Contact number(s) | |
Fax number: | |
E-mail address: |
DETAILS OF RESPONSIBLE PARTY | |
Name and Surname of Responsible Party (if the Responsible Party is a natural): | |
Residential, postal or business address | |
Contact number(s) | |
Fax number: | |
E-mail address: | |
Name of Public Body or Private Body (if Responsible Party not a natural person): | |
Business address: | Code ( ) |
Contact number(s): | |
Fax number: | |
e-mail address: |
REASONS FOR OBJECTION (Please provide detailed reasons for the objection) |
- Affidavits or other documentary evidence in support of the request must be attached.
- If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.
- Request For:
DETAILS OF DATA SUBJECT | |
Name and Surname of Data Subject | |
Residential, postal or business address | |
Contact number(s) | |
Fax number: | |
E-mail address: |
DETAILS OF RESPONSIBLE PARTY | |
Name and Surname of Responsible Party (if the Responsible Party is a natural): | |
Residential, postal or business address | |
Contact number(s) | |
Fax number: | |
E-mail address: | |
Name of Public Body or Private Body (if Responsible Party not a natural person): | |
Business address: | Code ( ) |
Contact number(s): | |
Fax number: | |
e-mail address: |
REASONS FOR *CORRECTION OR DELETION OF THE PERSONAL INFORMATION ABOUT THE DATA SUBJECT/ *DESTRUCTION OR DELETION OF A RECORD OF PERSONAL INFORMATION ABOUT THE DATA SUBJECT WHICH IN IN THE POSSESSION OR UNDER THE CONTROL OF THE RESPONSIBLE PARTY (Please provide detailed reasons for the objection) |
- If your request is granted –
- Amount of the deposit, if any, is payable before your request is processed; and Requested record/ portion of the record will only be released once proof of full payment is received.
- Please use the reference number hereunder in all future correspondence.
- You Requested
Personal Inspection of information at registered address of public/private body (including listening to recorded words, information which can be reproduced in sound, or information held on computer or in an electronic or machine-readable form) is free of charge. You are required to make an appointment for the inspection of the information and to bring this Form with you. If you then require any form of reproduction of the information, you will be liable for the fees in Annexure B |
- You Requested
Printed copies of the information (including copies of any virtual images, transcriptions and information held on computer or in an electronic or machine-readable form) | |
Written or printed transcription or virtual images (this includes photographs, slides, video recordings, computer-generated images, sketches, etc.) | |
Transcription of soundtrack (written or printed document) | |
Copy of information on flash drive (including virtual images and soundtracks) | |
Copy of information on compact disc drive (including virtual images and soundtracks) | |
Copy of record saved on cloud storage server |
- To be Submitted
Postal services to postal address | |
Postal services to street address | |
Courier service to street address | |
Facisimile of information in written or printed format (including soundtracks if possible) | |
Cloud share/file transfer | |
Preferred language: (Note that if the record is not available in the language you prefer, access may be granted in the language in which the record is available) |
- Fees payable with regards to your request:
Item | Cost per A4-size page or part thereof/item | Number of pages/items | Total |
Photocopy | |||
Printed copy | |||
For a copy in a computer-readable form on:
|
R40.00 | ||
R40.00 | |||
R60.00 | |||
For a transcription of visual images per A4-size page | Service to be outsourced. Will | ||
depend on the quotation of the | |||
Copy of visual images | |||
service provider | |||
Transcription of an audio record, per A4-size | R24.00 | ||
Copy of an audio record | |||
(i) Flash drive | |||
|
R40.00 | ||
(ii) Compact disc | |||
|
R40.00 | ||
|
R60. 00 | ||
Postage, e-mail or any other electronic transfer: | Actual costs | ||
TOTAL: |
- Deposit payable (if search exceeds six hours):
Hours of search | Amount of deposit (calculated on one third of total amount per request) |
Name of Bank: | |
Name of account holder: | |
Type of account: | |
Account number: | |
Branch Code: | |
Reference Nr: | |
Submit proof of payment to: |