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Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)

Part 3 : Access to Records of Private Bodies

Chapter 2 : Publication and Availability of certain records

51. Manual

 

 

(1) The head of a private body must make a manual available in terms of subsection (3) containing—
(a) in general—
(i) the postal and street address, phone and fax number and, if available, electronic mail address of the head of the body; and
(ii) such other information as may be prescribed;
(b) insofar as this Act is concerned—
(i) a description of the guide referred to in section 10, if available, and how to obtain access to it;
(ii) the latest notice in terms of section 52(2), if any, regarding the categories of record of the body which are available without a person having to request access in terms of this Act;
(iii) a description of the records of the body which are available in accordance with any other legislation; and
(iv) sufficient detail to facilitate a request for access to a record of the body, a description of the subjects on which the body holds records and the categories of records held on each subject; and
(c) insofar as the Protection of Personal Information Act, 2013, is concerned—
(i) the purpose of the processing;
(ii) a description of the categories of data subjects and of the information or categories of information relating thereto;
(iii) the recipients or categories of recipients to whom the personal information may be supplied;
(iv) planned transborder flows of personal information; and
(v) a general description allowing a preliminary assessment of the suitability of the information security measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information which is to be processed.
(d) a description of the records of the body which are available in accordance with any other legislation;
(e) sufficient detail to facilitate a request for access to a record of the body, a description of the subjects on which the body holds records and the categories of records held on each subject.

[Sub-section (1) amended by section 110 of Act No. 4 of 2013].

 

(2) The head of a private body must on a regular basis update the manual referred to in subsection (1).

 

(3) The manual referred to in subsection (1), or the updated version thereof as referred to in subsection (2) must be made available—
(a) on the web site, if any, of the private body;
(b) at the principal place of business of the private body for public inspection during normal business hours;
(c) to any person upon request and upon the payment of a reasonable amount; and
(d) to the Information Regulator upon request.

[Sub-section (3) amended by section 110 of Act No. 4 of 2013].

 

(4) For security, administrative or financial reasons, the Minister may, on request or of his or her own accord, by notice in the Gazette, exempt any private body or category of private bodies from any provision of this section for such period as the Minister thinks fit.