PAIA Manual

1. Introduction and Purpose

Priviso (Pty) Ltd ("Priviso", "we", "us", or "our") is committed to transparency and accountability in its operations. This Manual is intended to foster a culture of transparency and accountability in our organization by giving effect to the right of access to information.

The purpose of this Manual is to:

• Inform the public and our clients about the types of records we hold;
• Explain the procedures for requesting access to our records;
• Describe the categories of records that are available without a formal request;
• Outline the fees payable for accessing records;
• Provide contact details for our Information Officer.

1.1 About Priviso

Priviso is a South African ICT consultancy specializing in information security, privacy solutions, and ICT legislation compliance. We provide specialized ongoing privacy services and support, incorporating end-to-end offerings including legislative, regulatory, risk management, and technology implementation.

1.2 Applicable Legislation

This Manual is compiled in terms of:

• Section 51 of the Promotion of Access to Information Act, 2 of 2000 (PAIA)
• Section 18 of the Protection of Personal Information Act, 4 of 2013 (POPIA)
• Regulation 1468 of 14 December 2018 (Regulations relating to POPIA)

2. Contact Details

2.1 Head of Private Body

2.2 Information Officer

3. Guide on How to Use PAIA

The South African Human Rights Commission (SAHRC) has compiled a guide to assist requesters in exercising their rights under PAIA. This guide is available from the SAHRC.

4. Records Available Without a Request

The following categories of records are automatically available on our website without the need to submit a formal PAIA request:

• Company information and overview
• Services and products offered
• Contact information
• Privacy Policy
• This PAIA Manual
• Terms of Service

5. Records Available on Request

The following categories of records are held by Priviso and may be requested in terms of PAIA, subject to the grounds of refusal set out in this Manual and the Act:

5.1 Company Records

• Memorandum of Incorporation
• Registration documents
• Minutes of Board meetings
• Shareholder agreements

5.2 Financial Records

• Annual financial statements
• Tax returns and related documentation
• Banking records
• Asset registers

5.3 Human Resources Records

• Employment contracts
• Policies and procedures
• Training records
• Disciplinary records

5.4 Client Records

• Service agreements
• Correspondence
• Project documentation
• Invoices and payment records

5.5 Operational Records

• Policies and procedures
• Quality management documentation
• Information security documentation

6. Request Procedure

6.1 Form of Request

A requester must complete the prescribed form (Form C) available from the Department of Justice and Constitutional Development or the Information Regulator. The form must be submitted to the Information Officer at the address or email provided above.

6.2 Requirements for Request

The request must:

• Be made in writing using the prescribed form
• Provide sufficient detail to enable the Information Officer to identify the record(s) requested
• Indicate the form of access required
• Specify a postal address or email address
• Identify the right that the requester is seeking to exercise or protect, and explain why the record is required
• Be accompanied by the prescribed request fee (if applicable)

6.3 Processing of Request

The Information Officer will process the request within 30 days of receipt. This period may be extended by a further 30 days if:

• The request is for a large number of records
• The search for records is to be conducted at premises not situated in the same location
• Consultation with third parties or other bodies is required

6.4 Notification of Decision

The requester will be notified in writing of the decision to grant or refuse the request. If the request is refused, the notification will include:

• Adequate reasons for the refusal
• The provisions of PAIA relied upon
• The procedure for lodging an internal appeal or application to court

7. Fees

7.1 Request Fee

A non-refundable request fee of R50.00 is payable by all requesters, except personal requesters. A personal requester is a person seeking access to records containing their own personal information.

7.2 Access Fee

An access fee is payable if the request is granted. The access fee is calculated based on the time spent searching for and preparing the records, as well as reproduction costs.

7.3 Deposit

If the search and preparation of a record exceeds six hours, a deposit of one-third of the access fee may be required before processing continues.

8. Grounds for Refusal

Access to records may be refused on the following grounds as set out in Chapter 4 of PAIA:

8.1 Mandatory Protection

• Privacy of third parties (Section 63): Records containing personal information of third parties
• Commercial information of third parties (Section 64): Trade secrets, financial, commercial, scientific or technical information
• Confidential information (Section 65): Information provided in confidence by a third party
• Safety of individuals (Section 66): Records that could endanger the life or physical safety of an individual

8.2 Discretionary Protection

• Commercial information of the private body (Section 68): Trade secrets or information that could harm the commercial or financial interests of the body
• Research information (Section 69): Information relating to research being or to be carried out
• Operations (Section 70): Records relating to testing, examining or auditing procedures

9. Availability of the Manual

This Manual is available:

• On our website at www.priviso.co.za/paia-manual.html
• At our offices for inspection during normal business hours
• From the Information Regulator upon request

A copy of this Manual is also submitted to the Information Regulator.