PAIA Manual

This PAIA Manual is useful for the public to-

• 2.1. check the categories of records held by a body which are available without a person having to submit a formal PAIA request;
• 2.2. have a sufficient understanding of how to make a request for access to a record of the body, by providing a description of the subjects on which the body holds records and the categories of records held on each subject;
• 2.3. know the description of the records of the body which are available in accordance with any other legislation;
• 2.4. access all the relevant contact details of the Information Officer and Admin Officer who will assist the public with the records they intend to access;
• 2.5. know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;
• 2.6. know if the body will process personal information, the purpose of processing of personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;
• 2.7. know the description of the categories of data subjects and of the information or categories of information relating thereto;
• 2.8. know the recipients or categories of recipients to whom the personal information may be supplied;
• 2.9. know if the body has planned to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and
• 2.10. know whether the body has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.

3.1. Chief Information Officer

3.2. Admin Officer

3.3. Access to information general contacts

3.3 National or Head Office

4.1. 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 (“Guide”), 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.

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

4.3. The aforesaid Guide contains the description of-

• 4.3.1. the objects of PAIA and POPIA;
• 4.3.2. the postal and street address, phone and fax number and, if available, electronic mail address of-
• 4.3.2.1. the Information Officer of every public body, and
• 4.3.2.2. every Admin Officer of every public and private body designated in terms of section 17(1) of PAIA¹ and section 56 of POPIA²;
• 4.3.3. the manner and form of a request for-
• 4.3.3.1. access to a record of a public body contemplated in section 11³; and
• 4.3.3.2. access to a record of a private body contemplated in section 50⁴;
• 4.3.4. the assistance available from the IO of a public body in terms of PAIA and POPIA;
• 4.3.5. the assistance available from the Regulator in terms of PAIA and POPIA;
• 4.3.6. all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging-
• 4.3.6.1. an internal appeal;
• 4.3.6.2. a complaint to the Regulator; and
• 4.3.6.3. an application with a court against a decision by the information officer of a public body, a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body;
• 4.3.7. the provisions of sections 14⁵ and 51⁶ requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
• 4.3.8. the provisions of sections 15⁷ and 52⁸ providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
• 4.3.9. the notices issued in terms of sections 22⁹ and 54¹⁰ regarding fees to be paid in relation to requests for access; and
• 4.3.10. the regulations made in terms of section 92¹¹.

4.4. Members of the public can inspect or make copies of the Guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours.

4.5. The Guide can also be obtained-

• 4.5.1. upon request to the Information Officer;
• 4.5.2. from the website of the Regulator (https://www.justice.gov.za/inforeg/).

4.6. A copy of the Guide is also available in the following two official languages, for public inspection during normal office hours-

• 4.6.1. English
• 4.6.2. Afrikaans

Footnotes

• ¹ Section 17(1) of PAIA- For the purposes of PAIA, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate such number of persons as Admin officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records.
• ² Section 56(a) of POPIA- Each public and private body must make provision, in the manner prescribed in section 17 of the Promotion of Access to Information Act, with the necessary changes, for the designation of such a number of persons, if any, as Admin officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of POPIA.
• ³ Section 11(1) of PAIA- A requester must be given access to a record of a public body if that requester complies with all the procedural requirements in PAIA relating to a request for access to that record; and access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.
• ⁴ Section 50(1) of PAIA- A requester must be given access to any record of a private body if- a) that record is required for the exercise or protection of any rights; b) that person complies with the procedural requirements in PAIA relating to a request for access to that record; and c) access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.
• ⁵ Section 14(1) of PAIA- The information officer of a public body must, in at least three official languages, make available a manual containing information listed in paragraph 4 above.
• ⁶ Section 51(1) of PAIA- The head of a private body must make available a manual containing the description of the information listed in paragraph 4 above.
• ⁷ Section 15(1) of PAIA- The information officer of a public body, must make available in the prescribed manner a description of the categories of records of the public body that are automatically available without a person having to request access
• ⁸ Section 52(1) of PAIA- The head of a private body may, on a voluntary basis, make available in the prescribed manner a description of the categories of records of the private body that are automatically available without a person having to request access
• ⁹ Section 22(1) of PAIA- The information officer of a public body to whom a request for access is made, must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.
• ¹⁰ Section 54(1) of PAIA- The head of a private body to whom a request for access is made must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.
• ¹¹ Section 92(1) of PAIA provides that –“The Minister may, by notice in the Gazette, make regulations regarding- (a) any matter which is required or permitted by this Act to be prescribed; (b) any matter relating to the fees contemplated in sections 22 and 54; (c) any notice required by this Act; (d) uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to be made available in terms of section 15; and (e) any administrative or procedural matter necessary to give effect to the provisions of this Act.”

8.1. Purpose of Processing Personal Information is to:

• 8.1.1. Provide and manage services you request or agree to
• 8.1.2. Respond to inquiries and fulfil your requests
• 8.1.3. Process billing and payments
• 8.1.4. Comply with legal and regulatory requirements
• 8.1.5. Provide customer support and communicate with you
• 8.1.6. Send you lawful marketing communications (with opt-out options)
• 8.1.7. Improve our services and website
• 8.1.8. Internal record keeping

8.2. Description of the categories of Data Subjects and of the information or categories of information relating thereto

8.3. The recipients or categories of recipients to whom the personal information may be supplied

8.4. Planned transborder flows of personal information

Personal information may be transferred outside South Africa for storage or processing. We ensure that such transfers are made to countries with adequate data protection laws or that appropriate safeguards are in place to protect your information, as required by law.

8.5. General description of Information Security Measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information

Third party, reputable service providers are contracted to protect personal information form being lost, used, accessed, altered or shared without authorization. Security measures in the form of antivirus protection, secure operating systems, employee training and monitoring and firewalls are in place.

9.1. A copy of the Manual is available-

• 9.1.1. on www.hexion.co.za
• 9.1.2. head office of Hexion data storage (Pty) Ltd for public inspection during normal business hours
• 9.1.3. to any person upon request and upon the payment of a reasonable prescribed fee; and
• 9.1.4. to the Information Regulator upon request

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

The Chief Information Officer of Hexion data storage (Pty) Ltd will on a regular basis update this manual.