PROMOTION OF ACCESS TO INFORMATION ACT – MANUAL
ACTIVE DATA TECH (PTY) LTD trading as ActiveData
The Promotion of Access to Information Act gives effect to the constitutional right of access to any information held by the state and any information that is held by another person and that is required for the exercise or protection of any rights.
Specifically, section 51(1) of the Act provides that within six months after the commencement of this section (now the 31st December 2011) or within six months after coming into existence of the private body concerned, the head of a private body must compile a manual that must contain information regarding the subjects and categories of records held by such private bodies.
In this context a “private body” is defined as any natural person who carries or has carried any trade, business or profession, but only in such capacity or any partnership which carries or has carried on any trade, business or profession or any former or existing juristic person (e.g. any company, close corporation or business trust).
Active Data Tech (Pty) Ltd trading as ActiveData (hereafter “ActiveData”) fall within the definition of a “private body” and this manual has been compiled in accordance with the said provisions and to fulfill the requirements of the Act.
In terms of the Act, where a request for information is made to a body, there is an obligation to provide the information, except where the Act expressly provides that the information may not be released. In this context, section 9 of the Act recognizes that access to information can be limited. The limitation relates to circumstances where such release would pose a threat to the protection of privacy, commercial confidentiality, and the exercising of efficient governance.
Accordingly, this manual provides a reference to the records held by ActiveData and the process that needs to be adopted to access such records.
All requests for access to information (other than information that is available to the public) must be addressed to the Head of the Business named in section 2 of this manual.
2. Entity and Contact details
Name of Entity: Active Data Tech (Pty) Ltd trading as ActiveData
Type of Entity: Private Company
Registration ID: 2021/940592/07
Head of Entity: Norman Parkin
Position In Entity: Director
12 Sycamore Street Zwartkop;
12 Sycamore Street Zwartkop;
3. Manual and Guidelines
Any enquiries relating to this guide should be directed to the Information Regulator of the JD House, 27 Stiemens Street, Braamfontein, Johannesburg.
Copies of the guide are also available at the following places:
- The office of the Government Communications and Information Services;
- Library of Parliament, Cape Town;
- The South African Library Cape Town;
- Natal Society Library, Pietermaritzburg;
- The State Library in Pretoria;
- City Library Services, Bloemfontein;
- The National Film, Video and Sound Archives, Pretoria;
Copies of the Guide are also available in all official languages at the following offices:
- All offices of public bodies
- All Magistrates’ Offices;
- Offices of the Department of Justice and Constitutional Development;
- All Post Offices;
The Guide is also available at all offices and on the website of the Information Regulator, www.inforegulator.org.za.
4. Records available in terms of Section 52 (2) of the Act
5. Records that are held at the offices of the business
The following is a list of records that are held at the business’s office:
- Attendance Registers
- Founding Documents
- Licence (categories)
- Minutes of Management Meetings
- Minutes of Staff Meetings
- Shareholder Register
- Statutory Returns
Human Resource Records
- Conditions of Service
- Employee Records
- Employment Contracts
- General Correspondence
- Information Relating to Health and Safety Regulations
- Payroll Records
- Performance Appraisals
- Personnel Guidelines, Policies and Procedures
- Remuneration Records and Policies
- Staff Recruitment Policies
- Statutory Records
- Training Records
- Brochures on Company Information
- Client and Customer Registry
- General Correspondence
- Information relating to Employee Sales Performance
- Information relating to Work in Progress
- Marketing Records
- Marketing and Future Strategies
- Sales Records
- Suppliers Registry
- Annual Financial Statements
- Asset Register
- Banking Records
- Financial Transactions
- General Correspondence
- Insurance Information
- Internal Audit Records
- Management Accounts
- Purchase and Audit Information
- Tax Records (Company and Employee)
Information Technology Records
- Central Computer Repository containing archives, backups, log files and etc
- General correspondence
At present these include records (if any) held in terms of:
- Basic Conditions of Employment 75 of 1997
- Compensation for Occupational Injuries and Health Diseases Act 130 of 1993
- Companies Act 71 of 2008
- Consumer Protection Act 68 of 2008
- Electronic Communications and Transaction Act 25 of 2002
- Employment Equity Act 55 of 1998
- Financial Intelligence Centre Act 38 of 2001
- Income Tax Act 95 of 1962
- Labour Relations Act 66 of 1995
- Occupational Health and Safety Act 85 of 1993
- Prevention of Organized Crime Act 121 of 1998
- Promotion of Access to Information Act 2 of 2000
- Protection of Personal Information Act 4 of 2013
- Skills Development Levies Act 9 of 1999
- Unemployment Contributions Act 4 of 2002
- Unemployment Insurance Act 63 of 2001
- Value Added Tax Act 89 of 1991
6. Processing of Personal Information
We process personal information in accordance with the current South African privacy laws. Accordingly, the principles highlighted in the Protection of Personal Information Act 4 of 2013 relating to the processing of personal information, including, but not limited to, the collection, handling, transfer, sharing, correction, storage, archiving and deletion, will be applied to any personal information processed by ActiveData.
7. Purpose of Processing of Personal Information
Personal Information is processed at ActiveData for many reasons, including, but not limited to the following:
- To provide services requested by data subjects.
- To maintain customer records.
- For recruitment and employment purposes.
- For general administration.
- For legal or contractual purposes.
- To help us detect and prevent fraud and money laundering.
8. Recipients with whom Personal Information is Disclosed To
We disclose information to third parties to perform verification checks. Although our employees will have access to personal information processed through ActiveData, we do not sell any personal information to third parties other than generated active numbers processed through our services. Our employees are required at all times to adhere to data privacy laws and confidentiality principles.
If required by law, and upon notification to our data subjects, we may disclose personal information to members of the law enforcement or other government agents. We may further disclose personal information to third parties if required by a court order.
9. Security Measures to Protect Personal Information
ActiveData ensures continuous implementation and monitoring of technical and organisational measures to ensure that personal information held in our premises is kept intact.
10. Information Request Procedure
- The requester must use the prescribed form to make the request for access to a record. A request form is available from our offices.
- The request must be made to the Head of Business named in section 2 above. This request must be made to the address or electronic mail address of the business.
- The requester must provide sufficient detail on the request form to enable the Head of Business to identify the record and the requester.
- The requester should also indicate which form of access is required. The requester should also indicate if any other manner should be used to inform the requester. If this is the case, please furnish the necessary particulars to be so informed.
- The requester must identify the right that is sought to be exercised or to be protected and must provide an explanation of why the requested record is required for the exercise or protection of that right.
- If a request is made on behalf of another person, the requester must submit proof of the capacity in which the requester is making the request to the satisfaction of Head of Business aforesaid.
- The prescribed fee must be attached.
We will respond to your request within 30 days of receiving the request by indicating whether your request for access has been granted or denied.
Please note that the successful completion and submission of a request for access form does not automatically allow the requestor access to the requested record.
Access will be granted to a record only if the following criteria are fulfilled:
- The record is required for the exercise or protection of any right; and
- The requestor complies with the procedural requirements set out in the Act relating to a request; and
- Access to the record is not refused in terms of any ground for refusal as contemplated in Chapter 4 of Part 3 of the Act.
11. Denial of Access
Access to any record may be refused under certain limited circumstances. These include:
- The protection of personal information held concerning any natural person;
- The protection of commercial information held concerning any third-party (for example trade secrets);
- The protection of financial, commercial, scientific or technical information that may harm the commercial or financial interest of any third-party;
- Disclosures that would result in a breach of a duty of confidence owed to a third-party;
- Disclosures that would jeopardize the safety of life of an individual;
- Disclosures that would prejudice or impair the security of property or means of transport;
- Disclosures that would prejudice or impair the protection of a person in accordance with a witness protection scheme;
- Disclosures that would prejudice or impair the protection of safety of the public;
- Disclosures that are privileged from production in legal proceedings unless the privilege has been waived;
- Disclosures of details of any computer programme;
- Disclosures that will put ActiveData at a disadvantage in contractual or other negotiations or prejudice it in commercial competition;
- Disclosures of any record containing any trade secrets, financial, commercial, scientific, or technical information that would harm the commercial or financial interest of ActiveData;
- Disclosures of any record containing information about research and development being carried out or about to be carried out by ActiveData;
- If access to a record or any other relevant information is denied, our response will include:
- Adequate reasons for the refusal; and
- Notice that you may lodge an application with the court against the refusal and the procedure including details of the period for lodging the application.
12. Third-Party Information
Should access to a record be requested which contains information about a third-party, ActiveData is obliged to contact this third-party to inform them of the request and confirm that they do not in fact have any objection to the request.
The applicable fees are prescribed in terms of the Regulations promulgated in the Act.
There are two basic types of fees payable in terms of the Act.
The non-refundable request fee of R 50.00 (excluding VAT) is payable on submission of any request for access to any record. This does not apply if the request is for perusal records of the requestor. No fee is payable in such circumstances.
The access fee is payable prior to being permitted access to the records in the required form. The applicable fees are prescribed in terms of Part lll of Annexure A as identified in Government Notice Number 187, Regulation 11.
14. Manual Availability
This Manual is available from the Head of Business of ActiveData. In respect of hard copies, any transmission costs or postage will be for the account of the requestor.
Last updated: May 2022