ASICS SOUTH AFRICA PROPRIETARY LIMITED
Registration Number: 2014/ 007265/07
Manual in terms of Section 51 of the Promotion of Access to Information Act 2 of 2000 |
1.definitions and interpretation1
3.Introduction to THE COMPANY3
6.Information available in terms of PAIA7
7.Information available in terms of other legislation9
8.Information automatically available14
9.Subjects, categories and description of information held14
10.Procedure for requesting access to information IN TERMS OF PAIA15
12.the information officer's decision and requester's recourse17
13.Protection of Personal Information that is ProcesseD by THE COMPANY18
ANNEXURE A: REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY1
ANNEXURE D: CROSS-BORDER FLOWS OF PERSONAL INFORMATION15
ANNEXURE E: SECURITY MEASURES TO BE IMPLEMENTED BY THE COMPANY18
ANNEXURE F: FORM FOR THE OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION IN TERMS OF POPIa19
annexure G: FORM FOR THE REQUEST TO DELETE OR CORRECT PERSONAL INFORMATION IN TERMS OF POPIA21
ANNEXURE H: FORM FOR THE LODGING OF A COMPLAINT [Regulation 10]23
OUTCOME OF REQUEST AND OF FEES PAYABLE30
1.definitions and interpretation
Company means Asics South Africa Proprietary Limited (registration number 2014/007265/07);
Conditions for Lawful Processing means the conditions for the lawful processing of Personal Information as fully set out in POPIA and in section 13 of this Manual;
Data Subject has the meaning ascribed thereto in section 1 of POPIA and includes both natural persons and juristic persons;
Information Officer means the duly authorised Head (as defined in section 1 of PAIA) of the Company or such person that has been registered as the information officer with the Information Regulator in accordance with POPIA, being Ruxandra Herastrau or such other person appointed as such from time to time;
Manual means this manual prepared in accordance with section 51 of PAIA;
PAIA means the Promotion of Access to Information Act 2 of 2000, as amended or replaced from time to time;
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-
(a)information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;
(b)information relating to the education or the medical, financial, criminal or employment history of the person;
(c)any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignment to the person;
(d)the biometric information of the person;
(e)the personal opinions, views or preferences of the person;
(f) correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;
(g)the views or opinions of another individual about the person; and
(h)the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;
POPIA means the Protection of Personal Information Act 4 of 2013, as amended or replaced from time to time;
POPIA Regulations means the regulations promulgated in terms of section 112(2) of POPIA;
Private Body means-
(a)a natural person who carries or has carried on any trade, business or profession, but only in such capacity;
(i)a partnership which carries or has carried on any trade, business or profession; or
(j)any former or existing juristic person, but excludes a public body;
Processing means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including-
(a)the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
(k)dissemination by means of transmission, distribution or making available in any other form; or
(l)merging, linking, as well as restriction, degradation, erasure or destruction of information;
Record of, or in relation to, a Private Body, means any recorded information-
(a)regardless of form or medium;
(m)in the possession or under the control of that Private Body; and
(n)whether or not it was created by that Private Body;
Requester, in relation to a Private Body, means-
(a)any person, including, but not limited to, a public body or an official thereof, making a request for access to a record of that Private Body; or
(b)a person acting on behalf of the person contemplated in (a) above;
Request for Access, in relation to a Private Body, means a request for access to a record of a Private Body in terms of section 50 of PAIA;
Responsible Party means a public body or Private Body or any other person which, alone or in conjunction with others, determines the purpose of and means for Processing Personal Information; and
Special Personal Information means Personal Information concerning religious or philosophical beliefs, race or ethnic origin, trade union membership, political persuasion, health or sex life, biometric information and criminal behaviour.
Capitalised terms used in this Manual have the meanings ascribed thereto in section 1 of POPIA and PAIA as the context specifically requires, unless otherwise defined herein.
2.1PAIA came into operation on 23 November 2001 and POPIA came into effect on 1 July 2020, subject to a 12-month grace period. The Company is a Private Body as defined in PAIA. Section 51 of PAIA requires that the Company as a Private Body compiles a manual giving information to the public regarding the procedure to be followed when requesting information from the Company for the purpose of exercising or protecting rights.
2.2The Manual is not exhaustive of, nor does it comprehensively deal with, every procedure provided for in PAIA and POPIA. Requesters are advised to familiarise themselves with the provisions of PAIA and POPIA before making any request to the Company in terms of PAIA and POPIA.
2.3Nothing stated in this Manual shall limit, or constitute a waiver of, any of the rights of the Requester or the Company in terms of PAIA and POPIA.
2.4The Company makes no representation and gives no undertaking or warranty that the information in this Manual or any other information provided by it to a Requester is complete or accurate, or that such information is fit for any purpose. All users of any such information shall use such information entirely at their own risk, and the Company shall not be liable for any loss, expense, liability or claims, of whatsoever nature or howsoever arising, resulting from any use of this Manual or any other information provided in this Manual or from any error therein.
3.1ASICS is one of the world’s largest sportswear manufacturers. As a multi-sports brand we offer an outstanding range of shoes, apparel and equipment. Asics is famous for its great running shoes; in many marathons around the world more than half of the runners wear our shoes. Besides products that are purely focused on sport, ASICS makes shoes and clothing for the lifestyle branch as well. Onitsuka Tiger is the part of the brand that is purely focused on fashion. Our goal is to become just as successful in performance apparel, led by the running category. ASICS stands for 'Anima Sana In Corpore Sano' which is translated in English as 'A sound mind in a sound body'. Our philosophy is to stimulate people in sports and to provide them with innovative high-tech products. The company was founded in 1949 in Japan by Kihachiro Onitsuka.
3.2Being an international / global organization, ASICS is committed to the development of its people around the globe and to the optimal transfer of skills and experience within our organization and between our various offices globally. Our Learning & Development team offers the tools and experiences that help develop, enable and engage employees in the ASICS' way.
3.3ASICS transfers highly skilled and experienced staff to our various operations around the world as required, to fill temporary skills gaps, convey latest methodologies and developments or to take charge of specific projects or initiatives. Through such transfers, our objective is to achieve the best possible benefit both for the transferee and the team members in the receiving operations working with him or her. We strive for empowerment through knowledge sharing, skills transfer and formal as well as informal training.
3.4The Company has compiled this Manual to comply with the provisions of PAIA and POPIA and to ensure that members of the public have effective access to information in the Company's possession which will assist them in exercising and protecting their rights. Where information requested is not immediately available the Company will endeavour to make it available in a timely manner insofar as that is reasonably practicable in the circumstances.
3.5This Manual sets out the procedure to be followed to facilitate a request to access to information as well as the following information:
(a)Categories of Records held by the Company which are available without a person having to submit a formal PAIA request;
(b)Purpose of the processing of Personal Information;
(c)Process for making a Request for Access to a Record of the Company;
(d)Description of the categories of Data Subjects and of the information or categories of information relating thereto;
(e)Description of the Records of the Company which are available in accordance with any other legislation;
(f)Recipients or categories of recipients to whom Personal Information may be supplied;
(g)Planned transborder flows of Personal Information;
(h)General description of the security measures implemented by the Company to ensure the confidentiality, integrity and availability of the information which is to be processed.
(i)Contact details of the Information Officer and/ or Deputy Information Officer who will assist the public with the Records they intend to access; and
(j)Description of the guide on how to use PAIA, as updated by the Information Regulator and how to obtain access to the guide.
Full name: | Asics South Africa Proprietary Limited |
Registration number: | 2014/007265/07 |
Registered address: | Old Warehouse Building, Black River Park South, Fir Street, Observatory ERF 163099, Cape Town, Western Cape, 7925 |
Business address: | Old Warehouse Building, Black River Park South, Fir Street, Observatory ERF 163099, Cape Town, Western Cape, 7925 |
Postal address: | Old Warehouse Building, Black River Park South, Fir Street, Observatory ERF 163099, Cape Town, Western Cape, 7925 |
Telephone number: | 021 300 7710 |
Information Officer: | Veveka Boodhram Information Officer Asics South Africa Proprietary Limited Ruxandra Herastrau |
Email address of Information Officer: |
5.1The Information Regulator has in terms of section 10(1) of PAIA amended, updated and made available a revised guide containing information reasonably required by a person wishing to exercise any right in terms of PAIA and POPIA (Guide).
5.2The Guide is available in each of the official languages and in braille.
5.3The Guide that has been published contains the following information:
(a)the objects of PAIA and POPIA;
(b)the postal and street address, phone and fax number, and if available, the electronic mail address of the Information Officer of:
(c)every public body; and
(d)every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA and section 56 of POPIA;
(e)the manner and form of a Request for Access to:
(i)a Record of a public body; and
(ii)a Record held by a Private Body;
(f)assistance available from the Information Officer of a public body in terms of PAIA and POPIA;
(g)the assistance available from the Information Regulator in terms of PAIA and POPIA;
(h)all remedies in law regarding an act or an omission in respect of a right or duty conferred or imposed by PAIA and POPIA including how to lodge an internal appeal, a complaint to the Information Regulator and a court application;
(i)the requirements for a public body and Private Body, respectively, to compile a Manual, and how to obtain access to a Manual;
(j)the voluntary disclosure of categories of records by a public body and Private Body, respectively;
(k)the notices issued in terms of sections 22 and 54 of PAIA regarding fees to be paid in relation to Requests for Access; and
(l)any regulations made in terms of section 92 PAIA.
5.4A copy of this Guide is available for inspection upon request to the Information Officer of the Company during normal working hours. It is also on the Information Regulator's website.
6.Information available in terms of PAIA
6.1Categories of information
We hold the following categories of information which are available for inspection in terms of PAIA.The procedure in terms of which such Records may be requested from the Company is set out in Section 10 of this Manual. The Records listed below will not in all instances be provided to a Requester who requests them in terms of PAIA as the Requester is required to identify the right the Requester is seeking to exercise or protect and to provide an explanation of why the requested Record is required for the exercise or protection of that right. Furthermore, the request may be denied on the basis of the grounds of refusal under PAIA.
Categories of Records and description of Records held:
(a)Financial Records (where applicable)
(i)Tax Records;
(ii)Debtors’ Records;
(iii)Creditors’ Records;
(iv)Insurance Records;
(v)Auditors’ Reports;
(vi)Interim and annual financial statements;
(vii)Bank statements and other banking records;
(viii)Invoices issued in respect of debtors and billing information;
(ix)Records regarding the Company’s financial commitments.
(b)Accounting Records
(i)Books of account including journals and ledgers;
(ii)Orders, invoices, statements, receipts and vouchers.
(c)Taxation Records
(i)Company tax information.
(d)Employee Records including internal policies and procedures
(i)Personnel Records of Employees;
(ii)Conditions of employment;
(iii)Employment contracts;
(iv)Employment policies and procedures;
(v)Registrations with Department of Labour, Unemployment Insurance Fund, Compensation Fund and in terms of the Skills Development Levies Act;
(vi)Health and safety Records;
(vii)Workplace skills plans and training records; and
(viii)Other internal Records.
(e)Agreements and contracts
(i)All agreements of a material nature.
(f)Administration, secretarial and legal records (where applicable)
(i)Complaints, pleadings, briefs and other documents pertaining to any actual, pending or threatened litigation, arbitration or investigation;
(ii)Shareholder Records;
(iii)Share register;
(iv)Minutes of meetings of directors;
(v)Records relating to the incorporation of the Company;
(vi)Powers of Attorney;
(vii)Records of litigation / arbitration proceedings;
(viii)Trade mark, copyright, patent, service mark certificates and registrations;
(ix)Material licences, permits and authorisations.
(g)Insurance
(i)Insurance policies;
(ii)Claim Records;
(iii)Details of insurance coverage, limits and insurers.
(h)Information Technology
(i)Hardware;
(ii)Operating systems and other operational records;
(iii)Telephone and other lines;
(iv)Software packages;
(v)Agreements;
(vi)Support and maintenance agreements;
(vii)User manuals and licences.
(i)Sales, advertising, promotional and marketing materials;
(j)Databases;
(k)Records pertaining to health and safety and the environment.
7.Information available in terms of other legislation
7.1Information is available in terms of the following legislation, persons or entities specified in such legislation:
Category of Records | Applicable Legislation |
|---|---|
Employment records - each employee’s name and occupation; the time worked by each employee; the remuneration paid to each employee; and the date of birth of any employee under 18 years of age. | Basic Conditions of Employment Act, 1997 |
Accounting records - information concerning the financial affairs of the Company, including: purchase and sales records, general and subsidiary ledgers and other documents and books used in the preparation of financial statements; and copies of all reports presented at the annual general meetings of the Company; and copies of the Company's annual financial statements and accounting records. | Companies Act, 2008 |
Constitutional Documents - a copy of the Company's Memorandum of Incorporation, and any amendments or alterations to it; rules of the Company; records of the Company's current and past directors. | |
Shareholder documents - notices and minutes of all shareholders meetings, including all resolutions adopted by shareholders; any document that was made available by the Company to the holders of securities in relation to each such resolution; a copy of the Company's securities register; and copies of any written communications sent generally by the Company to all holders of the Company’s securities. | |
Director records - minutes of all meetings and director resolutions, or directors’ committees, or the audit committee; records of the Company's directors including: full name; identity number or date of birth; nationality and passport number, occupation; date of their most recent election or appointment as director; name and registration number of every other company or foreign company of which the person is a director. | |
Company secretarial records - a record of the Company secretaries and auditors, including, in respect of each person appointed as Company secretary or auditor: the name of each such person; and the date of every such appointment; and if a firm or juristic person is appointed: the name, registration number and registered address of the juristic entity. | Companies Act, 2008 |
Sales records - records of each transaction containing the following: the supplier’s full name, or registered business name, and VAT registration number, if any; the address of the premises at which, or from which, the goods or services were supplied; the date on which the transaction occurred; a name or description of any goods or services supplied or to be supplied; the unit price of any particular goods or services supplied or to be supplied; the quantity of any particular goods or services supplied or to be supplied; the total price of the transaction, before any applicable taxes; the amount of any applicable taxes; and the total price of the transaction, including any applicable taxes. | Consumer Protection Act, 2008 |
Employment records - records in respect of the Company's workforce, its employment equity plan and any other records relevant to the Company's compliance with the Employment Equity Act, 1998. | Employment Equity Act, 1998 |
Financial records - Information pertaining to clients or prospective clients provided to verify a person’s identity; information obtained concerning the nature of the business relationship; the intended purpose of the business relationship; and the source of the funds which the prospective client is expected to use in concluding transactions in the course of the business relationship; records of all transactions concluded in the course of the business relationship with the client, including, without limitation, the amount involved and the currency in which it was denominated; the date on which the transaction was concluded; the parties to the transaction; the nature of the transaction; business correspondence; and where the Company provides account facilities to clients, the identifying particulars of all accounts and the account files at the Company that are related to the transaction. | Financial Intelligence Centre Act, 2001 |
Accounting records - books of account, records or other accounting documents relating to the Company, including, without limitation, the amounts of remuneration paid or due by the Company to each employee; the amount of employees’ tax deducted or withheld from the amounts of remuneration paid to employees; and the income tax reference number of each employee where that employee is registered as a taxpayer. | Income Tax Act, 1962 |
Employment records – records of all collective agreements; arbitration awards; and/or wage determinations. | Labour Relations Act, 1995 |
Employment records – a record of each recommendation made to the Company or an inspector regarding any matter affecting the health or safety of persons at the workplace. | Occupational Health and Safety Act, 1993 |
Pension fund records - the rules of the fund to which the Company's employees belong. | Pension Funds Act, 1956 |
The Company's PAIA Manual. | Promotion of Access to Information Act, 2000 |
Records containing Personal Information – personal information relating to: employees of the Company; the Company's customers; the Company's suppliers/ vendors; the Company itself; and the Company's group of companies. | Protection of Personal Information Act, 2013 |
Learnership records - the learnership agreements between learners and the Company; and learners' contracts of employment, if applicable. | Skills Development Act, 1998 |
Records relating to the skills development levy. | Skills Development Levies Act, 1999 |
Records containing the Company's physical address, and the business's branches; the names, identification numbers and monthly remuneration of each of its employees, and the address at which the employees are employed. | Unemployment Insurance Act, 2001 |
Unemployment Insurance records - the Company's contributions to the Unemployment Insurance Fund. | Unemployment Insurance Contributions Act, 2002 |
The Company's PAIA Manual. | Promotion of Access to Information Act, 2000 |
7.2The abovementioned Acts, as amended, apply and the list is not exhaustive.
7.3The Records available in terms of the abovementioned legislation will not in all instances be provided to a Requester who requests them in terms of PAIA as the Requester is required to identify the right the Requester is seeking to exercise or protect and to provide an explanation of why the requested Record is required for the exercise or protection of that right. Furthermore, the request may be denied on the basis of the grounds of refusal under PAIA.
8.Information automatically available
8.1The following categories of Records are automatically available for inspection, purchase or photocopying.
8.2Request forms for these categories of information are also available from the Company's Information Officer, whose contact details appear in clause 1 of this Manual:
(a)General information pertaining to the Company;
(b)Services information and brochures;
(c)Newsletters.
9.Subjects, categories and description of information held
Please note that the Records listed in clauses 6 and 7 above are not automatically available, and the process outlined in PAIA in respect of access to information must be followed.
10.Procedure for requesting access to information IN TERMS OF PAIA
10.1A request must comply with all the procedural requirements as contained in section 53 of PAIA relating to a Request for Access to a Record. These procedural requirements are set out in this section.
10.2If a Requester wishes to request access to any of the aforementioned categories of information, s/he is required to complete a request form as set out in annexure "A" hereto. These forms are also available from the Company's Information Officer (whose contact details are in clause 1 of this Manual) .
10.3In certain instances there is a prescribed fee (payable in advance where applicable) for requesting and accessing information in terms of PAIA. Details of these fees are contained in the request form. A Requester may also be called upon to pay the additional fees for searching for and compiling the information that is requested, including the costs of making copies of the information.
10.4In terms of 54(3)(b) of PAIA a Requester may lodge a complaint with the Information Regulator or make an application with a court against the tender or payment of the request fee or the tender or payment of a deposit, as the case may be.
10.5It is important to note that access to information is not guaranteed – the Requester must identify the right she/he/it is seeking to protect and explain why the Record requested is required for the exercise or protection of that right. The Request for Access form must be completed with enough particularity to at least enable the Information Officer to identify the following:
•The Record/s requested;
•The identity of the Requester;
•The form of access that is required, if the request is granted;
•The postal address or fax number of the Requester; and
•The right that the Requester is seeking to protect and an explanation as to why the Record is necessary to exercise or protect such a right.
10.6The Requester will be notified in the manner indicated by him/her/it on the Request for Access form whether or not his/her/its request has been approved.
10.7The completed request must be submitted, together with the prescribed fee where applicable, to the Information Officer at the postal or physical address or electronic mail address recorded in clause 4 above.
10.8The Company will process the Request for Access within 30 days of receipt of the Request for Access, unless the Request for Access is of such a nature that an extension of the prescribed time limit is necessitated in accordance with section 57 of PAIA. In the case of an extension of the time limit, the Requester has the right to lodge a complaint with the Information Regulator in accordance with section 57(3)(c) of PAIA by following the process and completing the form prescribed by POPIA and annexed hereto as Annexure H. The Requester may also make an application with a court against the extension.
10.9If, in addition to a written reply from the Information Officer, the Requester wishes to be informed of the decision on the Request for Access in any other manner, the Requestor must state the manner and the particulars so required.
10.10If a Request for Access is made on behalf of another person, the Requester must submit proof of the capacity in which the Requester is making the request to the reasonable satisfaction of the Information Officer.
10.11If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.
10.12The prescribed fee for reproduction of the Record requested by a Personal Requestor will be charged in accordance with section 54(6) of PAIA.
10.13If the search for a Record of the Company in respect of which a Request for Access by a Requester has been made; and the preparation of that Record for disclosure would, in the opinion of the Information Officer, require more than the hours prescribed for this purpose, the Information Officer must by notice require the Requester to pay as a deposit the prescribed portion (being not more than one third) of the access fee which would be payable should the request be granted.
10.14The Requester may lodge a complaint with the Information Regulator or make an application to court against the tender of the request fee or the tender or payment of a deposit, as the case may be.
10.15If the Requester’s interest affects a third party then the Company will first need to inform the third party within 21 days of receiving the request and the third party will have 21 days to make representations and/or submissions regarding the granting of access to the Record. If the Information Officer decides to grant access to the Record after considering these submissions, the third party that has been affected has 30 days in which to appeal the decision in the High Court or to lodge a complaint with the Information Regulator in accordance with section 74 of POPIA in the prescribed form. If no appeal or complaint is lodged within 30 days, the Requester must be granted access to the Record.
11.1There are various grounds upon which the Company may or must refuse a Request for Access to a Record in accordance with Chapter 4 of PAIA. They are:
(a)the protection of Personal Information of a third person (who is a natural person, including a deceased person) from unreasonable disclosure (section 63 of PAIA);
(b)the protection of commercial information of a third partyif the Records contain trade secrets, financial, commercial, scientific or technical information that may harm the commercial or financial interests of a third party (section 64 of PAIA);
(c)refusing access to a Record if disclosure would result in the breach of a duty of confidence owed to a third party (section 65 of PAIA);
(d)refusing access to a Record if it would jeopardise the safety of an individual or prejudice or impair certain property rights of a third person (section 66 of PAIA);
(e)refusing access to a Record that was produced during legal proceedings, unless that legal privilege has been waived (section 67 of PAIA);
(f)refusing access to a Record containing trade secrets, financial or sensitive information or any information that would put the Private Body at a disadvantage in negotiations or prejudice it in commercial competition (section 68 of PAIA);
(g)refusing access to a Record containing information about research being carried out or about to be carried out on behalf of a third party (section 69 of PAIA).
11.2Section 70 of PAIA contains an overriding provision. Disclosure of a Record that has been requested is compulsory if it would reveal a substantial contravention of, or failure to comply with the law, or imminent and serious public safety or environmental risk and the public interest in the disclosure of the Record clearly outweighs the harm contemplated by its disclosure.
11.3If all reasonable steps have been taken to find a Record requested and there are reasonable grounds for believing that the record (a) is in the Private Body’s possession but cannot be found or (b) does not exist, the Head of the Private Body must, by way of affidavit or affirmation, notify the Requester that it is not possible to give access to that Record and the Company will include information regarding the steps that were taken to try to locate the Record.
12.the information officer's decision and requester's recourse
12.1Once the Information Officer has considered all the submissions, he or she will make a decision as to whether or not access to the Record will be granted. If access is granted the Requester must then be granted access to the Record within 30 days of being informed of the decision.
12.2If the Information Officer does not grant the Requester access to the Record the Requester is entitled in accordance with sections 56(3)(c) and 78 of PAIA to apply to a court for relief within 180 days of notification of the decision. Such relief may include any order compelling the Record or Records requested to be made available to the Requester or for another appropriate order. The court will determine whether the Records should be made available or not. The Requester may also lodge a complaint with the Information Regulator against the refusal of the request in accordance with Annexure H attached hereto.
12.3The Requester may also approach the Information Regulator and lodge a complaint in accordance with section 74 of POPIA in the prescribed form (see Annexure H attached hereto) against the access fee to be paid or the form of access granted. The details of the Information Regulator are as follows:
The Information Regulator (South Africa)
Woodmead North Office Park
54 Maxwell Drive
Woodmead
Johannesburg;
orP.O Box 31533
Braamfontein
Johannesburg
2017
South Africa
email: POPIAComplaints@inforegulator.org.za
12.4The Company does not have any internal appeal procedures. As such, the decision made by the Information Officer is final and Requesters will have to exercise the external remedies at their disposal in the event that a Request for Access is refused.
12.5The Requester is entitled to receive proper reasons as to why the request was refused.
13.Protection of Personal Information that is ProcesseD by THE COMPANY
13.1Conditions for Lawful Processing
Chapter 3 of POPIA sets out the Conditions for Lawful Processing of Personal Information which must be complied with when a Responsible Party Processes Personal Information. Below is a description of the eight Conditions for Lawful Processing as contained in POPIA:
a)Accountability
POPIA provides that the Responsible Party is obliged to ensure that the Conditions for Lawful Processing and all other measures required in terms of POPIA are complied with.
b)Processing limitation
The Processing must be done lawfully and in a manner that does not infringe the right to privacy of a Data Subject. Personal Information may only be Processed if, given the purpose for which it is Processed, it is adequate, relevant and not excessive. There must furthermore be a justification for Processing Personal Information. Consent is one of the justifications but Personal Information may be Processed in the absence of consent if it is necessary for pursuing the legitimate interests of the Responsible Party or the third party to whom it is disclosed or for the protection of the legitimate interests of the Data Subject. It may also be Processed if it complies with an obligation imposed by law or where it is necessary for the performance of a contract. The Processing of Special Personal Information or Personal Information of children generally requires consent, subject to certain limited exceptions.
c)Purpose specification
POPIA provides that Personal Information must be collected for a specific, explicitly defined and lawful purpose related to a function or activity of the Responsible Party. Subject to certain exceptions, Records of Personal Information must not be retained for longer than is necessary to achieve the purpose for which it was collected or subsequently Processed and must be destroyed or deleted once the Responsible Party is no longer authorised to retain the Record. Such exceptions include where (i) the retention is required or authorised by law, (ii) the Data Subject has consented to the retention, or (iii) the Personal Information is being retained for historical, statistical or research purposes.
d)Further Processing Limitation
POPIA provides that the further Processing of Personal Information must be in accordance with or compatible with the purpose for which the Personal Information was collected.
e)Information quality
A Responsible Party must take reasonably practicable steps to ensure that Personal Information is complete, accurate, not misleading and updated where necessary.
f)Openness
A Responsible Party is required to maintain the documentation of all Processing operations under its responsibility as required in terms of PAIA and must take reasonably practicable steps to ensure that the Data Subject is made aware of the Personal Information being collected, together with other stipulated information, subject to certain exceptions.
g)Security safeguards
POPIA provides that a Responsible Party must secure the integrity and confidentiality of Personal Information in its possession or under its control by implementing appropriate, reasonable technical and organisational measures to prevent the loss of, damage to or unauthorised destruction of Personal Information, or unlawful access to or Processing of Personal Information. In addition, the Responsible Party should take all reasonable measures to identify all reasonably foreseeable internal and external risks, establish and maintain appropriate safeguards against risks identified, verify that the safeguards are effectively implemented and ensure that the safeguards are updated in response to new risks.
h)Data subject participation
A Data subject is entitled to request a Responsible Party to confirm whether or not it holds Personal Information about the Data Subject, and to request the Record itself or a description of the Record, subject to the requirements in PAIA. A Data Subject may also request a Responsible Party to correct or delete Personal Information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, obtained unlawfully, or to destroy or delete personal information that a Responsible Party is no longer authorised to retain.
13.2Purpose of the Processing of Personal Information by the Company
The purposes for which the Company Processes or will Process Personal Information are set out in Annexure B.
13.3Categories of Data Subjects and Personal Information/Special Personal Information relating thereto
As per section 1 of POPIA, a Data Subject may either be a natural or a juristic person. The categories of Data Subjects in relation to which the Company Processes Personal Information are set out in Annexure C.
13.4Recipients or categories of recipients of Personal Information
The following are the recipients to whom the Company may provide a Data Subject's Personal Information:
(a)various vendors, agents or suppliers;
(b)service providers and partners;
(c)third-party applications or platforms; and/ or
(d)companies within the Company's group of companies.
13.5Cross-border flows of Personal Information
13.6Section 72 of POPIA provides that Personal Information may only be transferred by a Responsible Party to a third party in a foreign country outside of the Republic of South Africa in the following circumstances:
(a)If the third party who is the recipient of the Personal Information is subject to a law, binding corporate rules or a binding agreement which provide an adequate level of protection that effectively upholds principles similar to the Conditions for Lawful Processing under POPIA, including provisions relating to the further transfer of Personal Information from the recipient to third parties who are in a foreign country; or
(b)If the Data Subject consents to the transfer of their Personal Information; or
(c)If the transfer is necessary for the performance of a contractual obligation between the Data Subject and the Responsible Party; or
(d)If the transfer is necessary for the conclusion or performance of a contract between the Responsible Party and a third party, concluded in the interests of the Data Subject; or
(e)If the transfer is for the benefit of the Data Subject, and it is not reasonably practicable to obtain the consent of the Data Subject, and if it were, the Data Subject, would in all likelihood provide such consent.
13.7Annexure D contains a list of the planned cross-border transfers of Personal Information and the justification for such transfers.
13.8The Company has entered into an agreement with all its offices and affiliates to ensure that Personal Information shared with other entities within its group is adequately protected.
13.9Description of information security measures to the implemented by the Company
The types of security measures implemented by the Company in order to secure the integrity and confidentiality of the Personal Information and ensure that Personal Information is protected from loss, damage, unauthorized destruction or unlawful access are listed in Annexure E hereto.
13.10Objection to the Processing of Personal Information by a Data Subject
Section 11(3) of POPIA and Regulation 2 of the POPIA Regulations provides that a Data Subject may object to Processing in the prescribed form attached as Annexure G to this Manual where the Processing is based on one of the following grounds, unless legislation provides for such Processing:
•Processing protects a legitimate interest of the Data Subject;
•Processing is necessary for the proper performance of a public law duty by a public body;
•Processing is necessary for pursuing the legitimate interests of the Responsible Party or of a third party to whom it is supplied;
•Processing is for purposes of direct marketing other than direct marketing by means of unsolicited electronic communications as referred to in section 69 of POPIA.
13.11Request for correction or deletion of Personal Information
Section 24 of POPIA and Regulation 3 of the POPIA Regulations provides that a Data Subject may request for their Personal Information to be corrected/deleted in the prescribed form attached as Annexure G to this Manual.
ANNEXURE A: REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
[Regulation 7]
Note: If requests made on behalf of another person, proof of the capacity in which the request is made, must be attached to this form.
TO:The information officer
(Address)
E-mail address:
Fax number:
Mark with an "X"
Request is made in my own nameRequest is made on behalf of another person.
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 | Tel. (B): | Facsimile: | |
Cellular: |
| ||
Full names of person on whose behalf request is made (if applicable): |
| ||
Identity number: |
| ||
Postal Address: |
| ||
Street Address: |
| ||
E-mail address: |
| ||
Contact | 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 this 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 | |
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: |
|
| |
| |
| |
| |
| |
| |
You will be notified in writing whether your request has been approved or denied and if approved the costs relating to your request, if any. Please indicate your preferred manner of correspondence:
Postal address | Post to street address | Facsimile |
Signed atthisday of20___
Signature of requester / person on whose behalf request is made
FOR OFFICIAL USE
Reference number: |
|
Request received by: (state rank, name and surname of information officer) |
|
Date received: |
|
Access fees: |
|
Deposit (if any): |
|
Signature of information officer
ANNEXURE B: DESCRIPTION OF RECORDS OF PERSONAL INFORMATION HELD AND PURPOSES OF PROCESSING PERSONAL INFORMATION
Description of Record of Personal Information | Purpose of Processing |
Current, prospective and former employees, directors, temporary workers, independent contractors and freelancers: •full name; •gender; •citizenship, nationality and place of birth; •personal address; •country of residence; •mobile and/or other contact numbers; •identity number; •passport number; •photograph; •email address; •date of birth/ age; •driver's licence; •marital status; •dependant's details; •emergency contact number; •bank account information; •compensation, remuneration and other payroll information; •benefits details; •tax identification numbers and details; •position in the Company; •job title; •CV data; •hire date; •work history; •working schedule; •working hours; •appraisal data; •pension membership information; •disciplinary measures and records; •health-related and medical information; •disability status; •pregnancy status; •race/ ethnicity; •trade union membership; •educational and/ or professional qualifications; •findings of background checks, criminal record checks and credit checks in respect of employees; •location data; •medical aid benefits; •physical training/ running information •information related to employee assistance programme; •talent management information; and •biometric information. | •verifying employees' identity; •communicating with employees; •managing the employment relationship including recruitment; •background checks; •verification of right to work; •work references; •on-boarding and off-boarding of employees; •time and attendance; •planning; •labour organization; •employee data management; •leave management; •administration of annual leave requests; •performance management; •managing disciplinary processes; •compensation and benefits administration; •insurance administration and management; •remuneration and payroll administration; •employee mobility; •general human resources administration and management; •managing workplace health and safety; •security and access control to the Company's premises; •IT and devices monitoring and maintenance; •Administration of grievances, complaints, harassment, discrimination, misconduct, disciplinary, theft or loss prevention; •managing employee compliance with Company rules and policies; •complying with employment equity obligations under the Employment Equity Act, 1998; •managing legal disputes; •arranging and facilitating travel; •administrating salary, compensation and benefits, •managing performance reviews; •improving workplace diversity and inclusion; •maintaining health, security and safety programs; •protection of Company's legal rights; •managing Company assets and properties, turnover, resourcing, workforce deployment; •maintaining the safety, security, functionality and integrity of the Company's websites, assets and business; •complying with the Company's legal obligations |
ANNEXURE C: DESCRIPTION OF data subject or category of data subjectS AND CATEGORIES OF PERSONAL INFORMATION IN RELATION TO THE DATA SUBJECTS
Data Subject or Category of Data Subject | Description of Personal Information processed in relation to Data Subject |
Employees | •Personnel Records of Employees; •Conditions of employment; •Employment contracts; •Payroll information; •Health and safety Records; •Photographs. |
Customers | •Contact details such as name, postal address, telephone number and e-mail address; •account data and electronic identification data (including data added thereto), ASICS ID account or other ASICS account (if you have made such an account with us) and other electronic identification data (such as IDFA, GAID, IP address, MAC address) and the data you add to your ASICS ID account or other ASICS account, such as your password, your date of birth, your gender, your language of preference, the time zone you live in, your picture and other information you may share with us; •Information regarding use of our online Services. This may include data regarding the pages customers visit, the products and services customers like and the content of customer's abandoned shopping cart on the online store; •Customers' purchases in our stores and online, such as the amount and date of a customer's purchase, the product the customer purchases or Service the customer uses, location of the store, the website or app through which customer makes a purchase, payment method, payment status, discount, delivery method and delivery address; • Customers' leisure activities, interests and events. This includes information regarding events we organize or sponsor, including customer's interest in and registration to those events (including the date and place of the event and the customer's personal targets), as well as the customer's reason for running and other fitness activities, whether the customer prefers to run alone or with friends and what other sports the customer enjoys; •Customers' training and running data. The training and running data that the customer fills out on or generates through the use of our Services or that the customer imports from other apps or services from our partners or third parties, including the customer's running experience and current running abilities (the distance the customer can run and the time that the customer can run it in), customer's training goal (aimed distance and race time), performance (distance and race time, records), training schedule (date, duration and type), the customer's type of running (trail running, natural running or speed running) and the customer's fitness activities; •Customer details regarding contests, including the data we collect if a customer participates in a contest; •Customer reviews including the opinions, experiences, preferences and interests, and product or event reviews that customers publish on our websites or share with us online or through social media, such as their experiences and tips regarding gear, your race day and their training schedule; •Customer's communication data including the customer's requests, any complaints the customer may have and any other data that we receive if we communicate with customers via e-mail, online or via social media; •Customer information related to their physique, condition or nutrition, including activity data and other information the customer provides when using the Services. The customer's foot and clothes size and other personal measurement information and activity data that the customer voluntarily shares with us through the use of the Services, such as weight, height, heartrate, calories burned, steps taken, nutritional information, sleep activities, other activity data (type, duration and frequency of fitness activities, distance, speed, pace, step count) and injuries; •Customer's running specifics including their current running shoe, which running type the customer is and the level of the customer's running; and •Customers' test and measurement results, including measurement data we collect if a customer participates in one of our tests or measurement programs, such as Foot ID, Motion ID, Running Lab, 3D foot shape measurement, leg alignment measurement, body composition measurement, leg strength test, running form test, aerobic test and similar measurement programs and tests. Measurement data that we collect during our tests may also include heartrate, blood pressure, oxygen level in blood, fat and muscle mass weight and percentage, BMI, BMR, strength and endurance. We may also collect and use exact information regarding customers' location, such as GPS, accelerometer, their running routes (including precise location data that shows the customer's geographical position). |
ANNEXURE D: CROSS-BORDER FLOWS OF PERSONAL INFORMATION
Country | Justification for Transfer (in terms of section 72 of POPIA) |
Australia | Intra group data transfer agreement |
Austria | Intra group data transfer agreement |
Canada | Intra group data transfer agreement |
China | Intra group data transfer agreement |
Czech Republic | Intra group data transfer agreement |
Denmark | Intra group data transfer agreement |
Dubai | Intra group data transfer agreement |
Finland | Intra group data transfer agreement |
France | Intra group data transfer agreement |
Germany | Intra group data transfer agreement |
Hong Kong | Intra group data transfer agreement |
India | Intra group data transfer agreement |
Italy | Intra group data transfer agreement |
Ireland | Intra group data transfer agreement |
Japan | Intra group data transfer agreement |
Mexico | Intra group data transfer agreement |
Netherlands | Intra group data transfer agreement |
Norway | Intra group data transfer agreement |
Poland | Intra group data transfer agreement |
Portugal | Intra group data transfer agreement |
Singapore | Intra group data transfer agreement |
South Korea | Intra group data transfer agreement |
Spain | Intra group data transfer agreement |
Sweden | Intra group data transfer agreement |
Taiwan | Intra group data transfer agreement |
Thailand | Intra group data transfer agreement |
United Kingdom | Intra group data transfer agreement |
United States of America | Intra group data transfer agreement |
ANNEXURE E: SECURITY MEASURES TO BE IMPLEMENTED BY THE COMPANY
The following is a list of the types of security measures implemented by the Company in order to ensure that Personal Information is protected from loss of, damage to or unauthorized destruction of or unlawful access to Personal Information:
•Access to the premises will be controlled and there will be restriction of access to hard copies of documents containing Personal Information;
•Physical access will be regulated by identity codes and keywords;
•The Company has a password system that consists of at least 8 characters and it is modified at six month intervals;
•Where the Processing concerns Special Personal Information, the keyword will be modified at least every three months;
•The Company has an authentication system whereby the user's credentials will be deactivated in cases where the credentials have not been used for at least six months (except for those that have been authorized exclusively for technical management purposes);
•Access credentials are deactivated if the person in charge of the Processing is disqualified from accessing the Personal Information;
•Anti-virus systems are used and updated at least every six months;
•Anti-intrusion systems (i.e. firewalls) are used and updated at least annually (every six months in the case of Special Personal Information);
•The areas containing archives are adequate with regard to the necessities of security and secrecy;
•Agreements have been entered into with service providers and operators in terms of which such service providers and operators have contractually agreed to implement and maintain appropriate security measures.
ANNEXURE F: FORM FOR THE OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION IN TERMS OF POPIa
OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION IN TERMS OF SECTION 11(3) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013)
REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2017 [Regulation 2(1)]
Note:
1.Affidavits or other documentary evidence in support of the objection must be attached.
2.If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.
Reference Number....
A | DETAILS OF DATA SUBJECT | |||
Name and surname of Data Subject: | ||||
Residential, postal or business address: | ||||
Code ( | ) | |||
Contact number(s): | ||||
Fax number: | ||||
E-mail B | ||||
B | DETAILS OF RESPONSIBLE PARTY | |||
Name and surname Residential, postal or | ||||
Code ( ) | ||||
Contact number(s): | ||||
Fax number: | ||||
E-mail address:
Name of public or Private Body (if the Responsible Party is not a natural person):
Business address:
Code ( )
Contact number(s):
Fax number:
E-mail address:
CREASONS
Signed at this day of 20
Signature of Data Subject (applicant)
annexure G: FORM FOR THE REQUEST TO DELETE OR CORRECT PERSONAL INFORMATION IN TERMS OF POPIA
REQUEST FOR CORRECTION OR DELETION OF PERSONAL INFORMATION OR DESTROYING OR DELETION OF RECORD OF PERSONAL INFORMATION IN TERMS OF SECTION 24(1) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013)
REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2017
[Regulation 3(2)]
Note:
1.Affidavits or other documentary evidence in support of the request must be attached.
2.If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.
Reference Number
Mark the appropriate box with an "x".
Request for:
Reference Number....
Correction or deletion of the Personal Information about the Data Subject which is in possession or under the control of the Responsible Party.
Destruction or deletion of a Record of Personal Information about the Data Subject which is in the possession or under the control of the Responsible Party and who is no longer authorised to security the Record of information.
ADETAILS OF THE DATA SUBJECT | |
Surname: | |
Full names: | |
Identity number: | |
Residential, postal or business address: | |
Code ( ) | |
Contact number(s): | |
Fax number: | |
E-mail address: | |
B | DETAILS OF RESPONSIBLE PARTY | |
Name and surname of responsible party(if the responsible party is a natural person): | ||
Residential, postal or business address: | ||
Code ( ) | ||
Contact number(s): | ||
Fax number: | ||
E-mail address: | ||
Name of public or Private Body (if the Responsible Party is not a natural person):
Business address:
Code ( )
Contact number(s):
Fax number:
E-mail address:
C | REASONS FOR *CORRECTION OR DELETION OF THE PERSONAL INFORMATION |
Signed aton this day of20
ANNEXURE H: FORM FOR THE LODGING OF A COMPLAINT
[Regulation 10]
Note:
1.This form is designed to assist the Requester (hereinafter referred to as “the Complainant) 9 in requesting a review of a public or private body’s response or non-response to a request for access to records under the Promotion of Access to Information Act 2 of 2000 (“PAIA)9. Please fill out this form and send it to the Information Regulator (“Regulator) 9 or complete the online complaint form available at https://www.justice.gov.za/inforeg/.
2.PAIA gives the public a right to file a complaint with the Regulator about any of the nature of complaints detailed in part E of this complaint form-
3.It is the policy of the Regulator to defer investigating or to reject a complaint if the Complainant has not first given the public or private body (herein after referred to as “the Body) 9 an opportunity to respond to and attempt to resolve the issue. To help the Body address your concerns prior to approaching the Regulator, you are required to complete the prescribed PAIA form and submit it to the Body.
4.A copy of this form will be provided to the Body that is the subject of your complaint. The information you provide on this form, attached to this form or that you supply later, will only be used to attempt to resolve your dispute, unless otherwise stated herein
5.The Regulator will only accept your complaint once you confirm having complied with the prerequisites below.
6.Please attach copies of the following documents, if you have them:
·Copy of the form to the organisation requesting access to records;
·The organisation’s response to your complaint or access request;
·Any other correspondence between you and the organisation regarding your request;
·Copy of the appeal form, if your compliant relate to a public body;
·The organisation’s response to your appeal;
·Any other correspondence between you and the organisation regarding your appeal;
·Documentation authorizing you to act on behalf of another person (if applicable);
·Court order or court documents relevant to your complaint, if any.
7.If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.
TO:Information Regulator
Woodmead North Office Park
54 Maxwell Drive
Woodmead
Johannesburg;
or
P.O Box 31533
Braamfontein
Johannesburg
2017
South Africa
Email address: enquiries@inforegulator.org.za / POPIAComplaints@inforegulator.org.za
PREREQUISITES
Did you submit request (PAIA form) for access to record of a public/private body? | Yes |
| No |
|
Has 30 days lapsed from the date on which you submitted your PAIA form? | Yes |
| No |
|
Did you exhaust all the internal appeal procedure against a decision of the Information officer of a public body? | Yes | No | ||
Have you applied to Court for appropriate relief regarding this matter? | Yes | No |
FOR REGULATOR’S USE ONLY
Received by: (Full names) |
|
|
Position: |
|
|
Signature: |
|
|
Complaint accepted: | Yes | No |
Reference Number: |
|
|
Date stamp |
|
|
PART A PERSONAL INFORMATION OF COMPLAINANT | ||
Full names: |
| |
Identity number: |
| |
Postal Address: |
| |
Street Address: |
| |
E-mail address: |
| |
Contact | Tel. (B): | Facsimile |
Cellular |
| |
I consent to being contacted at the above e-mail address or through that of my representative on my behalf. I acknowledge that sending e-mail over the Internet is not secure, in that it can be intercepted and/or manipulated and retransmitted.
PART B | ||
Full names of representative: |
| |
Nature of representation: |
| |
Identity number/Registration number: |
| |
Postal Address: |
| |
Street Address: |
| |
E-mail address: |
| |
Contact numbers: | Tel. (B): | Facsimile |
Cellular: |
| |
PART C ORGANISATION AGAINST WHICH THE COMPLAINT IS LODGED | |||
Type of body: | PrivatePublic | ||
Name of *public/private body: |
| ||
Registration number (if any): |
| ||
Name, surname and title of person you dealt with at the public or private body to try to resolve your complaint or request to access of information: |
| ||
Postal Address: |
| ||
Street Address: |
| ||
E-mail address: |
| ||
Contact | Tel. (B): | Facsimile | |
Cellular |
| ||
Reference number given (if any): |
| ||
PART D | ||||||
| ||||||
| ||||||
| ||||||
| ||||||
| ||||||
| ||||||
| ||||||
| ||||||
Date on which request for access to records submitted: |
| |||||
Please specify the nature of the right(s) to be exercised or protected, if a compliant is against a private body: |
| |||||
Have you attempted to resolve the matter with the organisation? | Yes |
| No |
| ||
If yes, when did you receive it? (Please attach the letter to this application.) |
| |||||
Did you appeal against a decision of the information officer of the public body? | Yes |
| No |
| ||
If yes, when did you lodge an appeal? |
| |||||
Have you applied to Court for appropriate relief regarding this matter? | Yes |
| No |
| ||
If yes, please indicate when was the matter adjudicated by the Court? Please attach Court Order, if there is any. |
| |||||
PART E DETAILED TYPE OF ACCESS TO RECORDS (Please select one or more of the following to describe your complaint to the Regulator) | |||||
Unsuccessful appeal: (Section 77A(2)(a) or section 77A(3)(a) of PAIA) | I have appealed against the decision of the public body and the appeal is unsuccessful. |
| |||
Unsuccessful application for condonation: | I filed my appeal against the decision of the public body late and applied for |
| |||
(Sections 77A(2)(b) and 75(2) of PAIA) | condonation.Thecondonation application was dismissed. |
| |||
Refusal of a request for access: (Section 77A(2)(c)(i) or 77A (d)(i) or 77A(3)(b) or of PAIA) | I requested access to information held by a body and that request was refused or partially refused. |
| |||
The body requires me to pay a fee and I feel it is excessive: (Sections 22 or 54 of PAIA) | Tender or payment of the prescribed request fee. |
| |||
The tender or payment of a deposit. |
| ||||
The tender or payment of a deposit. |
| ||||
Repayment of the deposit: (Section 22(4) of PAIA) | The information officer refused to repay a deposit paid in respect of a request for access which is refused. |
| |||
Disagree with time extension: (Sections 26 or 57 of PAIA) | The body decided to extend the time limit for responding to my request, and I disagree with the requested time limit extension or a time extension taken to respondtomyaccessrequestis |
| |||
Form of access denied: (Sections 29(3) or sections 60(a) of PAIA) | I requested access in a particular and reasonable form and such form of access was refused. |
| |||
Deemed refusal: (Sections 27 or 58 of PAIA) | It is more than 30 days since I made my request and I have not received a decision. No response received and no extension has been taken. |
| |||
Extension period has expired and no response received. |
| ||||
Inappropriate disclosure of a record: (Mandatory grounds for refusalofaccessto | Records that are subject to the grounds for refusal of access to records have been inappropriately or unreasonable disclosed. |
| |||
No adequate reasons for the refusal of access: (Section 56(3)(a) of PAIA) | My request for access is refused, and a body did not provide valid or adequate reasons for the refusal, including the provisions of this Act relied on. |
| |||
Partial access to record: (Section 28(2) of 59(2) of PAIA) | The body has granted access to part of the requested records and I believe that more of them should be disclosed. |
| |||
Fee waiver: (Sections 22(8) or 54(8)of PAIA) | I am exempt from paying any fee and the body has refused to grant my request to waive the fees. |
| |||
Records that cannot be found or do not exist: (Section 23 or 55 of PAIA) | The body indicated that some or all of the requested records do not exist and I believe that more records do exist. |
| |||
Failure to disclose records: | The body decided to grant me access to requestedrecords,butIhavenot |
| |||
No jurisdiction (exercise or protection of any rights): (Section 50(1)(a) of PAIA) | The body indicated that the requested records are excluded from PAIA and I disagree. |
| |||
Frivolous or vexatious request: (Section 45 of PAIA) | The body indicated that my request is manifestly frivolous or vexatious and I disagree. |
| |||
Access to personal information: (Section 23 of POPIA) | My request to a responsible party to confirm whether or nottheresponsiblepartyholds |
| |||
My request for access to record or a descriptionofmypersonal identityofallthirdparties,or |
| ||||
Other: (Please explain): |
| ||||
PART F
EXPECTED OUTCOME
How do you think the Regulator can assist you? Describe the result or outcome that you seek.
PART G
AGREEMENTS
The legal basis for the following agreements is explained in the Privacy Notice on how to file your complaint document. In order for the Regulator to process your complaint, you need to check each one of the checkboxes below to show your agreement:
I agree that the Regulator may use the information provided in my complaint to assist it in researching issues relating to the promotion the right of access to information as well as the protection of the right to privacy in South Africa. I understand that the Regulator will never include my personal or other identifying information in any public report, and that my personal information is still protected by Protection of Personal Information Act, 2013. I understand that if I do not agree, the Regulator will still process my complaint.
The information in this Complaint Form is true to the best of my knowledge and belief.
I authorize the Regulator to collect my personal complaint information (such as the information about me in this complaint form) and use it to process my human rights complaint relating to the the right of access to information and / or the protection of the right to privacy.
I authorize anyone (such as an employer, service provider, witness) who has information needed to process my complaint to share it with the Regulator. The Regulator can obtain this information by talking to witnesses or asking for written records. Depending on the nature of the complaint, these records could include personnel files or employer data, medical or hospital records, and financial or taxpayer information.
If any of my contact information changes during the complaint process, it is my responsibility to inform the Regulator; otherwise my complaint could experience a delay or even be closed.
Signed atthisday of20___
Complainant
_______________________
OUTCOME OF REQUEST AND OF FEES PAYABLE
[Regulation 8]
Note:
1.If your request is granted the—
(a)amount of the deposit, (if any), is payable before your request is processed; and
(b)requested record/portion of the record will only be released once proof of full payment is received.
2.Please use the reference number hereunder in all future correspondence.
Reference number: | ||||
TO: | ||||
Your request dated | , refers. |
a)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 prescribed in Annexure B. |
OR
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 of 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 |
c)To be submitted:
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: |
Kindly note that your request has been:
Approved | ||
Denied, for the following reasons: | ||
d)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: (i)Flash drive •To be provided by requestor (ii)Compact disc •If provided by requestor •If provided to the requestor | 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 service provider | ||
Copy of visual images | |||
Transcription of an audio record, per A4-size | R24.00 | ||
Copy of an audio record (i)Flash drive •To be provided by requestor (ii)Compact disc •If provided by requestor •If provided to the requestor | R40.00 R40.00 R60.00 | ||
Postage, e-mail or any other electronic transfer: | Actual costs | ||
TOTAL: | |||
e)Deposit payable (if search exceeds six hours):
Yes | No |
Hours of search | Amount of deposit (calculated on one third of total amount per request) |
The amount must be paid into the following Bank account: | |
Name of Bank: | |
Name of account holder: | |
Type of account: | |
Account number: | |
Branch Code: | |
Reference Nr: | |
Submit proof of payment to: | |
Signed at | this | day of | 20 |
Information officer |