PAIA Manual

For purposes of this Manual, unless the context indicates otherwise:

This PAIA Manual is useful for the public to:

• Check the categories of records held by a body which are available without a person having to submit a formal PAIA request.
• Have a sufficient understanding of how to make a request for access to a record of the body.
• Know the description of the records of the body which are available in accordance with any other legislation.
• Access all the relevant contact details of the IO and DIO who will assist the public with records they intend to access.
• Know the description of the guide on how to use PAIA, as updated by the Regulator, and how to obtain access to it.
• Know whether the body will process personal information and the purpose of processing personal information.
• Know the recipients or categories of recipients to whom personal information may be supplied.
• Know whether the body has planned to transfer or process personal information outside the Republic of South Africa.
• Know whether the body has appropriate security measures to ensure confidentiality, integrity, and availability of personal information.

The Regulator has, in terms of section 10(1) of PAIA, as amended, updated and made available the revised guide on how to use PAIA, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA.

The guide is available in each of the official languages and in braille.

The guide contains a description of:

• the objects of PAIA and POPIA;
• the postal and street address, phone and fax number, and email address of Information Officers and Deputy Information Officers;
• the manner and form of a request for access to a record of a public body or private body;
• an internal appeal;
• a complaint to the Regulator;
• an application to court against a decision made under PAIA;
• the provisions requiring public and private bodies to compile a manual;
• the provisions regarding voluntary disclosure of categories of records;
• fees to be paid in relation to requests for access;
• regulations made in terms of section 92;
• assistance available from the Information Officer and the Regulator;
• all remedies in law available regarding rights or duties conferred or imposed by PAIA and POPIA.

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.

At this stage, no notice or notices have been published on the categories of records that are available without having to request access to them in terms of PAIA.

Categories of records of Think Tank T2 (Pty) Ltd which are available without a person having to request access:

Think Tank T2 (Pty) Ltd may hold records in terms of applicable South African legislation, including but not limited to:

The company holds and/or processes PAIA records, PAIA guides, PAIA submission records, awareness training, POPIA records, Information Officer registration records, data breach records, retention records, and further information which may be made available upon request.

An individual who wishes to place a request must comply with all the procedures laid down in PAIA.

The requester must complete Form 1, Request for Access to Record, and submit it to the Information Officer using the details specified in this manual.

The prescribed form, together with payment of a request fee and a deposit if applicable, must be submitted to the Information Officer at the postal address, physical address, or email address stated in this manual.

The prescribed form must be completed with enough particularity to enable the Information Officer to determine:

1. the record or records requested;
2. the identity of the requester;
3. what form of access is required;
4. the postal address, email address, or contact details of the requester;
5. the right the requester wants to exercise or protect;
6. why the requested records are required to exercise or protect that right.

The request for access will be dealt with within 30 days from the date of receipt, unless the requester has set out special grounds that satisfy the Information Officer that the request should 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 if the request requires a search for information held at another office of the company and the information cannot reasonably be obtained within 30 days.

The following are grounds upon which the company may, subject to the exceptions in chapter 4 of PAIA, refuse a request for access:

• Mandatory protection of the privacy of a third party who is a natural person, including a deceased person, where disclosure of personal information would be unreasonable.
• Mandatory protection of the commercial information of a third party.
• Mandatory protection of confidential information of third parties if 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.
• Protection of trade secrets, financial, commercial, scientific, or technical information.
• Protection of information which could put the company at a disadvantage in negotiations or commercial competition.
• Protection of computer programs owned by the company and protected by copyright and intellectual property laws.
• Protection of research information of the company or a third party where disclosure would place the research or researcher at a serious disadvantage.
• Requests for records that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources.

If the company does not have an internal appeal procedure in light of a denial of a request, decisions made by the Information Officer are final.

The requester 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.

The following fees shall be payable upon request by a requester:

Think Tank T2 (Pty) Ltd may process personal information for the following purposes:

• Employment-related purposes: Recruitment, administration of employment contracts, payroll, benefits, training, and compliance with labour laws.
• Client and supplier management: Entering into and performing contracts, maintaining relationships, processing payments, and responding to queries or complaints.
• Legal and compliance obligations: Compliance with statutory and regulatory requirements, record keeping, audits, and reporting.
• Security and risk management: Protecting company property, monitoring access, preventing fraud, and ensuring the safety of staff, clients, and visitors.
• Marketing and communication: Providing information about products or services, subject to obtaining the necessary consent under POPIA.

Categories of Data Subjects and Personal Information Processed

The following personal information may be supplied to the following recipients or categories of recipients:

The company may, where necessary and lawful, transfer or store personal information outside the Republic of South Africa. This could include the use of secure cloud-based service providers or international business partners.

Where no transborder transfer is required, personal information will continue to be stored and processed within South Africa.

Any cross-border transfer of personal information will only take place in accordance with section 72 of POPIA, which requires that:

• the recipient country, organisation, or international organisation is subject to a law, binding agreement, or corporate rules that provide an adequate level of protection; or
• the transfer is necessary for the performance of a contract, with the consent of the data subject, or for another lawful reason recognised by POPIA.

A copy of the manual is available:

• on www.thinkt.co.za;
• at any head office of Think Tank T2 (Pty) Ltd for public inspection during normal business hours;
• to any person upon request and upon payment of a reasonable prescribed fee;
• to the Information Regulator upon request.

A fee for a copy of the manual, as contemplated in the Regulations, shall be payable per each A4-size photocopy made.

A data subject who wishes to object to the processing of personal information in terms of section 11(3)(a) or section 11(3)(b) of POPIA must submit the objection to the responsible party at any time during office hours, free of charge.

The objection must be made on a form substantially similar to Form 3 herein, free of charge and reasonably accessible to a data subject by hand, fax, post, email, SMS, WhatsApp, or any other expedient manner.

If an objection is made telephonically, such objection shall be electronically recorded by the responsible party and, upon request, made available to the data subject in any manner, including transcription.

A data subject has the right, in terms of section 24 of POPIA, to request, where necessary, the correction, destruction, or deletion of his, her, or its personal information.

A data subject may request correction or deletion of personal information at any time and free of charge if the personal information is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, or obtained unlawfully.

A data subject may also request the destruction or deletion of a record of personal information if the responsible party is no longer authorised to retain such information in terms of section 14 of POPIA.

A responsible party must, within 30 days of receipt of the outcome of the request, notify the data subject in writing of the action taken as a result of the request.

The following forms are referenced in the manual and may be requested from the Information Officer:

The head of Think Tank T2 (Pty) Ltd will update this manual on a regular basis.