HELOISE UYS
SIELKUNDIGE / PSYCHOLOGIST
PAIA & POPIA MANUAL
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This manual was prepared in accordance with Section 51 of the Promotion of Access to Information Act, 2000 and to address requirements of the Protection of Personal Information Act, 2013.
This manual applies to Heloise Uys Sielkundige Dienste (Pty) Ltd
Registration Number: 2014/119379/07
Registered Office Address:
5 Barberton Street, Heldervue, Somerset West, 7130
INTRODUCTION
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The Promotion of Access to Information Act, 2000 (“PAIA”) gives third parties the right to approach private bodies and the government and request information held by them, which is required in the exercise and/or protection of any rights. When requested, the private body or government is obligated to release such information unless the act expressly states that the records containing such information may or must not be released.
Heloise Uys Sielkundige Dienste (Pty) Ltd is a psychological practice incorporated as a private company. We are classified as a ‘private body’ in terms of the Act, which requires us to publish this information manual in order to inform people of the procedures to follow in order to exercise their rights to request access to information held by us in terms of PAIA. In addition, this manual sets out the data subject’s rights in terms of the Protection of Personal Information Act 4 of 2013 (“POPIA”) relating to their personal information, if we process such information on the client’s behalf.
Nature of Business:
Heloise Uys Sielkundige Dienste is an authorized and duly registered Psychology Practice, conducting services such as play therapy, assessments, RAF reports and play therapy etc.
Contact Details:
Name of Firm: Heloise Uys Sielkundige Dienste
Director of Firm: Heloise Uys
Information Officer: Heloise Uys
Physical Address: 5 Barberton Street
Heldervue
Somerset West
7130
Telephone Number: 021 855 2454 (+27 21 855 2454)
Email Address: huyssd@gmail.com
ABOUT PAIA:
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PAIA gives effect to everyone’s Constitutional right of access to information held by private sector bodies or public bodies that is required for the exercise or protection of the requester’s rights.
A guide to the Act is available from the South African Human Rights Commission (“SAHRC”) website: www.sahrc.co.za. It is described in all official languages:
- The objectives of the Act;
- The process that needs to be followed in order to make a request;
- How to get access to the manual of a private body;
- All remedies available to data subject’s in law;
- The details of each private body (where possible); and
- How to get copies of the guide at no charge
Should the client have any queries regarding the above, kindly contact the SAHRC directly:
The South African Human Rights Commission: PAIA Unit
The Research and Documentation Department
Postal Address: Private Bag 2700, Houghton, 2041
Tel: 011 887 3803 (+27 11 887 8303)
INFORMATION HELD BY US:
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The categories of records held by us may be obtained by requesting it at our offices or sending an email to our Information officer.
OTHER LEGISLATION IN TERMS OF WHICH ACCESS TO CERTAIN INFORMATION MAY BE GRANTED TO REQUESTERS:
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In addition to PAIA, the following legislation may create rights and procedures by which the requester may obtain certain records held by us:
- Employment Equity Act 55 of 1998
- Labour Relations Act 66 of 1995
- Income Tax Act 58 of 1962
- Compensation for Occupational Injuries and Diseases Act 130 of 1993
- Unemployment Insurance Act 63 of 2001
- Companies Act 71 of 2008
- Basic Conditions of Employment Act 75 of 1997
- Financial Intelligence Centre Act 38 of 2001
- Health professional act 56 of 1974 and the regulations and professional rules promulgated in terms therefor
- Children’s Act 38 of 2005
- Electronic Communications and Transactions Act 25 of 2002
- Medical Schemes Act 31 of 1998
- Mental Health Care Act 17 of 2002
- National Health Act 61 of 2003
EXERCISING YOUR RIGHTS IN TERMS OF POPIA:
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POPIA grants data subjects certain rights relating to their personal information that is processed by us. This section sets out those rights and how they may be exercised.
Please note that the Information Officer may require requesters to provide proof of identity to his or her reasonable satisfaction, before taking further action on terms of any request made.
WITHDRAWAL OF AUTHORISATION:
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If we process client’s personal information as per their consent, or because it is a requirement of a contract between us, clients may withdraw their consent for the processing of their personal information by way of a written notice to either the Information Officer or, in the event of a contractual relationship, in the manner provided for in the specific contract.
TAKE NOTE that such withdrawal of consent could result in it becoming impossible for us to perform our obligations and may therefore constitute repudiation of the contract by the client, which may result in the contract being terminated.
REQUEST FOR CONFIRMATION OF RECORDS HELD:
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S23(1)(a) makes provision for clients to request that we confirm, free of charge, whether we process any personal information pertaining to the client.
Clients may do so by sending an email to the Information Officer, who will respond to their question in writing within a reasonable time of receiving it.
Please note that we may refuse to grant client’s request on any of the listed grounds in PAIA. In the event of such refusal, the ground thereof will be communicated to the client by the Information Officer in writing.
REQUEST FOR COPIES OR DESCIRPTION OF RECORDS HELD:
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In terms of s23(1)(b) of POPIA, clients are entitled to request that we provide them with a description or copies of records containing their personal information, as well as confirmation of the identity of all third parties or categories of third parties, who have, or have had, access to such information.
Clients may exercise this right by way of an email addressed to the Information Officer, The Information Officer will respond to clients in writing within a reasonable period of receiving their request.
Please note that we may refuse to grant clients’ requests on any of the grounds listed in PAIA. In the event of such refusal, the grounds for refusal will be communicated to clients by the Information Officer in writing.
REQUEST FOR CORRECTION OF PERSONAL INFORMATION:
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In terms of s24 of POPIA, the client is entitled to request that we correct or delete personal information about them in our possession or under our control that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or which they believe was obtained unlawfully, or to destroy or delete a record in respect of which they have withdrawn their authorization to allow us to process it.
A request in terms of this section must be submitted using the form prescribed in terms of POPIA, a copy of which can be found on the Information Regulator’s website (scroll down to Form 2). The form must be submitted by hand or email to the Information Officer. Copies of the form may also be downloaded from the website of the Information Regulator (https://www.justice.gov.za/inforeg/).
OBJECTIONS TO PROCESSING OF PERSONAL INFORMATION:
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In terms of s11(3) of POPIA, clients may object to our processing of their personal information if the reason for such processing relates to:
-The protection of a legitimate interest of the client
-The pursuit of our legitimate interests or those of a third party to whom the information is supplied
-Direct marketing other than direct marketing by means of unsolicited electronic communications
In such instances, clients may lodge an objection in writing with the Information Officer, by using the form prescribed in terms of POPIA, a copy of which can be found on the Information Regulator’s website (scroll down to Form 1). Copies of the form may also be downloaded from the website of the Information Regulator (https://www.justice.gov.za/inforeg/).
PAIA INFORMATION REQUESTS:
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Any request for information that does not relate to clients rights in terms of POPIA, must follow the procedures contained in this paragraph. This includes information that does not relate to clients personally, or information that is not regarded as “Personal Information.”
SUBMITTING A REQUEST:
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The requester must complete the request form prescribed in terms of PAIA (Form C). Copies of the form may also be downloaded from the website of the South African Human Rights Commission (https://www.sahrc.org.za/).
When completing the request form, the requester must provide sufficient information to enable us to adequately identify:
1 The records requested;
2 The identity of the requester;
3 Which form of access is required, if the request is granted;
4 The contact information of the requester;
5 The right which the requester is seeking to protect or enforce by means of the records requested (access to the records must be “necessary” for the exercise or protection of the right so stated, otherwise we may refuse this request).
Please note that, if requesters are making the request on behalf of another person, proof of their authority to do so must be submitted to the reasonable satisfaction of the Information Officer.
Persons who are disabled or illiterate may approach the Information Officer in person to make a request verbally.
Once completed, please send the form and any supporting documents via email to the Information Officer.
PRESCRIBED FEES:
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In terms of PAIA, we are entitled to charge a prescribed fee for all information requests that are not “personal requests.” Personal requests are those dealt with in paragraph above (requests relating to one’s own personal information).
PAIA allows us to charge a request fee of R50.00, as well as an access fee, which must be calculated by taking into account reproduction costs, search and preparation time and cost, as well as postal costs.
The request fee must be made following the submission of the prescribed request form and proof of payment must be submitted. We are not required to consider requests until the request fee has been paid.
If the search for and preparation of the record, including arrangement to make it available in the requested form, requires more than the hours prescribed by PAIA (6 hours), the Information Officer will request that requesters pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted.
If the requesters request is granted, they may be required to pay the applicable access fee for reproduction and for search and preparation, and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure including making arrangements to make it available in the request form.
The Information Officer will notify requesters of the applicable fees, which must be paid before the requested information is provided to them.
If requests are refused and a deposit was paid, requesters are entitled to be refunded such deposit (note that this applies to the deposit in respect of access fees and not to the R50.00 request fee).
CONSIDERING REQUESTS:
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We will only be required to consider requests once the prescribed form and supporting documentation has been submitted and prescribed fees, if applicable, have been paid.
Except in cases where PAIA provides for the extension of time periods, requests will be considered, and a written response provided by the Information Officer or their duly authorised representative within 30 days of proper submission of the request.
Requesters may provide a written motivation with requests as to why the standard time periods should not be followed and we may, in our sole discretion, choose to dispense with such time periods based on motivation.
Please note that your request may be refused based on one or more grounds set out in PAIA, including the following grounds:
- That disclosure of the requested information is not reasonably necessary to enforce a specified right, or that requesters have failed to adequately describe what right they seek to enforce or to provide sufficient reasons as to why the disclosure is necessary to enforce such right.
- Where we are required to protect the privacy of a third party who is a natural person, where your request would involve the unreasonable disclosure of personal information of that natural person.
- Where we are required to protect the commercial information of a third party, if the requested record contains trade secrets of that third party; financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party; or information disclosed in confidence by a third party to us, if the disclosure could put that third party at a disadvantage in negotiations or commercial competition.
- Where we are required in terms of a contract to protect the confidential information of a third party.
- If the disclosure could endanger the life or safety of individuals or compromise the security of movable or immovable property.
- To protect records which are legally privileged.
- To protect the confidentiality of our own commercial records, including our own trade secrets, financial, commercial, scientific or technical information if disclosure would likely cause harm to our financial or commercial interests.
- Protecting research information relating to us or a third party, if its disclosure would disclose our identity, the researcher or the subject matter of the research and would place the research at a serious disadvantage.
APPEAL AGAINST INFORMATION OFFICER:
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If requesters are not satisfied with the decision of the Information Officer relating to the information request, requesters may submit a written appeal to the board of directors for consideration.
This appeal should include requesters original request and all supporting documentation, as well as the reasons as to why the requester is not satisfied with the Information Officer’s decision and the relief sought.
Such appeal must be submitted within 10 days of the Information Officer’s decision.
Once submitted, the appeal will be considered by the board of directors as soon as possible. Requesters will then be advised in writing of the decision relating to their appeal, as well as the reasons for the decision. This decision will be final and, should requesters remain unsatisfied with the decision, theyr are entitled to apply to a court with appropriate jurisdiction for further relief.