This PAIA Manual (hereinafter referred to as “the Manual”) has been prepared in terms of Section 51 of the Promotion of Access to Information Act No. 2 of 2000 (hereinafter referred to as “PAIA”), with careful consideration of the provisions of the Protection of Personal Information Act No. 4 of 2013 (hereinafter referred to as “POPIA”).
Background
The Bill of Rights in Chapter 2 of the Constitution of the Republic of South Africa, Act 108 of1996 (hereinafter referred to as “the Constitution”) define the rights of the people and provideto whom, and how the rights apply, and also regulate when and how the rights may be limited.
Section 14 of the Constitution protects the right to privacy, and the Protection of PersonalInformation, Act 4 of 2013 is the primary instrument used to regulate data protection in South Africa.
Both PAIA and POPIA can be classified as information laws. PAIA addresses the right to access information held by the state or any other person while POPIA prevents the exposure of information by protecting the right to privacy and the right to have your right to privacy protected.
Although PAIA and POPIA gives effect to different rights set out in the Constitution, these laws help ensure; from opposite ends of a continuum; that information is managed correctly.
Company Overview
ADCYX (Pty) Ltd is a full-service agency that offers a full-spectrum of branding and marketing products and services.
AD CYX's Personal information compliance framework
This PAIA Manual forms part of ADCYX’s Personal Information Protection Compliance Framework which includes our Privacy Policy and POPIA Section 18 Notice.
All three compliance documents supplement and support each other. Read together, their contents provide the reader with the full scope of processes we’ve put in place to comply with legislation. As such, repetition of provisions contained in the aforesaid is avoided. Also, all words and phrases shall bear the same meanings ascribed to them in the legislation from which the compliance documents flow.
Human Rights commission guide
A guide on how to use PAIA as compiled by the Human Rights Commission in terms of Section 10 of PAIA is available from the South African Human Rights Commission. Any queries should be directed to:
The South African Human Rights Commission
PAIA Unit: Research and Documentation Department
Postal address: Private Bag 2700, Houghton, 2041
Phone number: +27 11 484 8300
Fax number: +27 11 484 0582
Website: www.sahrc.org.za
Email: PAIA@sahrc.org.za
Contact details of information officer
In terms of Section 51(1)(b) of PAIA and as further detailed under Section 55 of POPIA, an Information Officer has been appointed to assess requests for access to information.
All requests for information must be addressed to the Information Officer:
The Information Officer:
Telephone:
Email:
Legislative records
In terms of Section 51(1)(d) of PAIA, a description must be given of the records available in terms of any other legislation. Records are kept in accordance with such other legislation as is applicable to ADCYX, which includes but is not limited to, the following legislation as amended from time to time:
Labour Relations Act 66 of 1995
Basic Conditions of Employment Act 75 of 1997
Employment Equity Act 55 of 1998
Skills Development Levies Act 9 of 1999
Skills Development Act 97 of 1998
Unemployment Insurance Act 63 of 2001
Unemployment Insurance Contributions Act 4 of 2002
Occupational Health and Safety Act 85 of 1993
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Income Tax Act 58 of 1962
Value Added Tax Act 89 of 1991
Electronic Communications and Transactions Act (Act no. 25 of 2002)
Categories of records held by AD CYX
ADCYX maintains records on the following categories. Please note that recording a category in this manual does not imply that a request for access to such records will be granted.
- Financial Records:
Financial statements
Bank records
Invoices
Statements
Tax returns
- Employee Records:
Disciplinary records
Employee evaluation and performance records
Employee information records
Employment contracts
Health and safety records
IRP 5 and IT 3 certificates
Letters of appointment
Leave applications
Payroll
Policies and procedures
Recruitment and appointments
Time records
Training and development
UIF, PAYE and SDL returns
Workmen's Compensation documents
- Information Technology:
Agreements
Capacity and utilisation of current systems
Client database
Disaster recovery processes and procedures
Hardware
Internet/Intranet
Licenses
Systems support, programming and development
Operating systems
Software packages
- Insurance:
Details of coverage, limits and insurers
Insurance policies
- Legal, Agreements and Contracts:
Agreements with contractors, suppliers and clients
Agreements with customers
Agreements with shareholders, officers or directors
Material licenses, permits and authorisations
Contracts, including lease agreements and finance agreements
- Sales and Marketing:
Service and product information
Statutory company records
Certificate of Incorporation
Register of directors and officers
Resolutions
Resolutions passed at meetings
Processing of personal information
ADCYX will only process Personal Information of any Data Subject in accordance with POPIA and as further set out in our Privacy Policy which forms part of ADCYX’s compliance framework.
Filing a request
Any request for access to any Records kept by ADCYX must be made by completing Form C contained in Annexure A of this PAIA Manual and submitting the completed form to the Information Officer.
Payable fees, if applicable, will be communicated by the Information Officer. Processing of the request will only commence once the applicable fees have been paid.
A decision regarding the request for access will be made within thirty calendar days after the date that the requests was filled.
If the requested access will result in the unreasonable disclosure of Personal Information, the request will be refused outright. The grounds for refusal shall be communicated in writing.
In the event that a Record cannot be found, the Information Officer shall inform the person who filled the request by way of affidavit and set out there in all steps taken to locate the record.
Prescribed fees
The prescribed fee payable for access to a record that does not contain Personal Information related to the person making the request, is R 50.00 (fifty Rand).
Searching for a Record will be charged at R 30.00 (thirty Rand) per hour, or any part thereof. If the search is reasonably expected to exceed more than six hours, a deposit will be charged.
Grounds of refusal of access to records in terms of chapter 4 of the PAIA
A request for access to a Record shall be refused for the protection of:
Privacy of a third party which includes safety of individuals and protection of property
Commercial information of a third party
Confidential information
Records privileged from production in legal proceedings
Research information
Amendments and updating of this PAIA manual
This PAIA Manual will be revised every year and updated if needed unless updates are required earlier by legislative amendments.
Availability of this PAIA manual
This PAIA Manual is available on our website at www.adcyxagency.co.za