TITLE: PAIA and POPIA Manual DIGITAL MATTER EMBEDDED SOUTH AFRICA (Registration Number: 2017/230901/10) PROMOTION OF ACCESS TO INFORMATION AND PROTECTION OF PERSONAL INFORMATION MANUAL REV: AUTHOR 01 APPROVED NAME: Heidi Douglas NAME: Marc Blum DATE: 01 February 2023 DATE: 01 February 2023 EFFECTIVE DATE: SIGN: COPY / STATUS No: SIGN: MASTER COPY DOCUMENT No: DMSA-PAIA/POPIA-01
TITLE: PAIA and POPIA Manual DOC No: DMSA-PAIA/POPIA-01 REV: 00 Page 2 of 16 TABLE OF CONTENTS 1. Scope and Introduction 2. Disclaimer 3. Company Background 4. Company and Information Officers Contact Details 5. Guide of the Information Regulator and the Right to Request Access to Records 6. Information available in terms of Section 51 (1) (d) of PAIA 7. Records automatically available without a person having to request access in terms of PAIA 8.
TITLE: PAIA and POPIA Manual DOC No: DMSA-PAIA/POPIA-01 REV: 00 Page 3 of 16 • in a manner which balances that right with any other rights, including such rights as contained in the Bill of Rights in the Constitution; and • the protection of personal information as prescribed by POPIA. This Manual sets out the responsibilities of the DM Group’s appointed Information Officers who will take up the duties mandated in PAIA and POPIA, to ensure compliance with PAIA and POPIA.
TITLE: PAIA and POPIA Manual DOC No: DMSA-PAIA/POPIA-01 REV: 00 Page 4 of 16 that PAIA and POPIA are complied with vis-a-vis the DM Group. Designated Deputy Information Officers, as authorized and appointed by the Chief Executive Officer of Digital Matter: 1. Philip de Kock 2. Heidi Douglas E-mail Address : privacy@digitalmatter.com Website: : www.digitalmatter.com 5.
TITLE: PAIA and POPIA Manual DOC No: DMSA-PAIA/POPIA-01 REV: 00 Page 5 of 16 The contact details of the Information Regulator are: Telephone E-Mail Physical address Postal address Website address Contact person : : : : : : (010) 023 5200 enquiries@inforegulator.org.za JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001 PO Box 31533, Braamfontein, Johannesburg, 2017 www.inforegulator.org.za Ms Pfano Nenweli at pnenweli@justice.gov.za. 6.
TITLE: PAIA and POPIA Manual DOC No: DMSA-PAIA/POPIA-01 REV: 00 Page 6 of 16 8. Subjects and Categories of Records held by Digital Matter Digital Matter holds the following categories of records on the subject matters referred to and in respect of each company, where applicable, within the DM Group: 8.1 Statutory Company Information 8.1.1 Certificate of Incorporation; 8.1.2 Certificate of Change of Name (if any); 8.1.3 Memorandum of Incorporation; 8.1.4 Certificate to Commence Business; 8.1.
TITLE: PAIA and POPIA Manual 8.3.11 8.3.12 8.3.13 8.3.14 8.3.15 8.3.16 DOC No: DMSA-PAIA/POPIA-01 REV: 00 Page 7 of 16 General Correspondence; General HR Policies and Procedures; Health and Safety records; Training Records; UIF records, Workmen’s Compensation records. 8.4 Other Employee Records 8.4.1 Employee’s contract of employment; 8.4.2 Employee’s personal information i.e., qualifications etc.; 8.4.3 Employee’s performance records; 8.4.4 Employee’s disciplinary records; 8.4.
TITLE: PAIA and POPIA Manual DOC No: DMSA-PAIA/POPIA-01 REV: 00 Page 8 of 16 8.11 Information Technology 8.11.1 Hardware; 8.11.2 Operating systems; 8.11.3 Telephone lines, leased lines and data lines; 8.11.4 Software; 8.11.5 Disaster recovery plan; 8.11.6 Internal systems support and programming; 8.11.7 Capacity and utilization of current systems; 8.11.8 Agreements; 8.11.9 Licenses; 8.11.10 Certifications, 8.11.11 Partnerships. 8.12 Sales and Marketing 8.12.1 Product information and brochures; 8.12.
TITLE: PAIA and POPIA Manual DOC No: DMSA-PAIA/POPIA-01 REV: 00 Page 9 of 16 10. Procedure and Fees for requesting Access to Information Any person other than a personal requester who wishes to request access to any of the above categories of information is required to complete a request form as set out in Annexure “A” hereto.
TITLE: PAIA and POPIA Manual DOC No: DMSA-PAIA/POPIA-01 REV: 00 Page 10 of 16 a record is subject to certain limitations if the requested record falls within a category as specified in Section 23 (4) (a) of POPIA read with Part 3 Chapter 4 of PAIA. Please further note that if it is reasonably suspected that a requester has obtained access to a record based on the submission of materially incorrect, false, or misleading information, legal proceedings may be instituted against such requester. 11.
TITLE: PAIA and POPIA Manual DOC No: DMSA-PAIA/POPIA-01 REV: 00 Page 11 of 16 13.7 If disclosure of the record would prejudice or impair the protection of a person in accordance with a witness protection scheme; 13.8 If disclosure of the record would prejudice or impair the protection of the safety of the public; 13.9 The record is privileged from production in legal proceedings, unless the legal privilege has been waived; 13.
TITLE: PAIA and POPIA Manual DOC No: DMSA-PAIA/POPIA-01 REV: 00 Page 12 of 16 Annexure A: PAIA FORM C REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY (Section 53 (1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)) Regulation 10 A. Particulars of a Private Body B. Particulars of the person who requests access to the record (a) The particulars of the person who requests access to the record must be given below.
TITLE: PAIA and POPIA Manual DOC No: DMSA-PAIA/POPIA-01 REV: 00 Page 13 of 16 2. Reference number if available: 3. 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.
TITLE: PAIA and POPIA Manual DOC No: DMSA-PAIA/POPIA-01 REV: 00 Page 14 of 16 2. If the record consists of visual images (including photographs, slides, video recordings, computergenerated images, sketches etc.): View of images Copy of images Transcription of images 3. If the record consists of recorded words or information which can reproduced in sound: Listen to soundtrack (audio) Transcription of soundtrack (written or printed document) 4.
TITLE: PAIA and POPIA Manual DOC No: DMSA-PAIA/POPIA-01 REV: 00 Page 15 of 16 Annexure B: PRESCRIBED FEES (The fees chargeable by private bodies are contained in Part III of Annexure A of the Regulations.) The following applies to requests: 1.1 A requestor is required to pay the prescribed request fee of fifty rand (R50.00) before a request will be processed; 1.
TITLE: PAIA and POPIA Manual DOC No: DMSA-PAIA/POPIA-01 REV: 00 Page 16 of 16 (a) For every photocopy of an A4 size page or part thereof R 1.10 (b) For every printed copy of an A4 size page or part thereof held on a computer or in electronic or machine-readable form R 0.75 (c) For a copy in a computer-readable form on a memory stick or compact disc R 70.00 (d) (i) For a transcription of visual images, for an A4 size page or part thereof. R 40.00 (ii) For a copy of visual images R 60.
