It's about access
Secure Citizen’s PAIA policy
Promotion of access to information policy: PAIA
|Version No.||Change Date||Change Description||Changed By|
|Version No. 1.0||03/04/2021||Document created||Biancha Kotze|
|Version No. 1.1||10/05/2021||Reviewed and edited||Brad Scott|
|Version No. 1.2||21/07/2021||Final version||Brad Scott|
The Promotion of Access to Information Act, 2000 (the “Act”) gives third parties the right to approach private bodies and the government to request information held by them, which is required in the exercise and/or protection of any rights. On request, the private body or government is obliged to release such information unless the Act expressly states that the records containing such information may or may not be released. This manual informs requestors of procedural and other requirements which a request must meet as prescribed by the Act.
Secure Citizen offers advanced identification & verification solutions that help to eliminate the risk of fraud. Through our biometric, customer onboarding and digital identity products and services, we create virtual identifies for consumers to ensure our clients know who they are dealing with.
|Name of business||Secure Citizen|
|Head of private body||Paul Hutton / Dalene Deale|
|Information officer||Paul Hutton|
|Street address||Silverpoint Office Park 1st FL, floor 1, 22 Ealing Crescent, Bryanston (head Office)|
|Telephone number||010 476 0518|
A guide to the Act (as contemplated under section 10 of the Act) is available from the South African Human Rights Commission. The Act grants a requester access to records of a private body if the record is required for the exercise or protection of any right/s. If a public body lodges a request, must be acting in the public interest. The guide contains such information as may reasonably be required by a person who wishes to exercise any right contemplated in the Act.
Any enquiries regarding this guide and its contents should be directed to:
The South African Human Rights Commission:
Telephone: +27 11 877 3608
Dr. Shanelle Van Der Berg – firstname.lastname@example.org
Tshepang Sebulela – email@example.com
Alternatively, its successor,
The Information Regulator (South Africa)
JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001 firstname.lastname@example.org
Records held by the Company may be accessed on request only once the requirements for access have been met. A requester is any person making a request for access to a record of the Company and in this regard, the Act distinguishes between two types of requesters:
A personal requester is a requester who is seeking access to a record containing personal information about the requester. Subject to the provisions of the Act and applicable law, the Company will provide the requested information, or give access to any record with regard to the requester’s personal information. The prescribed fee for reproduction of the information requested will be charged by the Company.
This requester (other than a personal requester) is entitled to request access to information pertaining to third parties. However, the Company is not obliged to grant access prior to the requester fulfilling the requirements for access in terms of the Act. The prescribed fee for reproduction of the information requested will be charged by the Company.
A requester must comply with all the procedural requirements contained in the Act relating to a request for access to a record. A requester must complete the prescribed form enclosed herewith in Appendix 1 and submit same as well as payment of a request fee and a deposit, if applicable to the information officer at the postal or physical address, or electronic mail address stated herein. The prescribed form must be filled in with enough details to at least enable the information officer to identify:
- The record or records requested;
- The identity of the requester;
- What form of access is required; and
- The postal address or email address of the requester.
A requester must state that he or she requires the information in order to exercise or protect a right, and clearly state what the nature of the right is so to be exercised or protected. The requester must also provide an explanation of why the requested record is required for the exercise or protection of that right.
The Company will process a request within 30 days, unless the requestor has stated special reasons which would satisfy the information officer that circumstances dictate that this time period not be complied with.
The requester shall be informed in writing as to whether access has been granted or denied. If, in addition, the requester requires the reasons for the decision in any other manner, he or she must state the manner and the particulars so required. If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the information officer.
If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally to the information officer.
The Company will, within 30 days of receipt of a request, decide whether to grant or decline a request and give notice with reasons (if required) to that effect. The 30 day period within which the Company has to decide whether to grant or refuse a request, may be extended for a further period of not more than 30 days if the request is for a large quantity of information, or the request requires a search for information held at another office of the Company (other than the head office) and the information cannot reasonably be obtained within the original 30 day period. The information officer will notify the requester in writing should an extension be necessary.
The Act provides for two types of fees:
- A request fee,(a standard administration fee), which is paid by all requesters, (except for personal requesters), must be paid before the request can be considered. This fee is non-refundable; and
- An access fee, which is paid by all requesters after the request for access has been granted. This fee is calculated by taking into account reproduction costs, search and preparation time and cost, as well as postal costs where applicable.
If a search for the record is necessary and the preparation of the record for disclosure, including arrangement to make it available in the requested form, requires more than the hours prescribed in the regulations for this purpose, the information officer shall notify the requester to pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted.
The information officer shall withhold a record until the requester has paid the fee or fees as indicated. A requester whose request for access to a record has been granted, must pay an 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. If a deposit has been paid in respect of a request for access, which is refused, then the information officer shall repay the deposit to the requester.
Companies Act Records
- Documents of incorporation
- Memorandum of incorporation
- Minutes of board of directors meetings
- Records relating to the appointment of directors / auditor / secretary / public officer and other officers
- Share register and other statutory registers
- Annual Financial Statements
- Tax Returns
- Accounting Records
- Banking Records
- Bank Statements
- Electronic banking records
- Asset Register
- Rental Agreements
- PAYE Records
- Documents issued to employees for income tax purposes – Records of payments made to SARS on behalf of employees – All other statutory compliances:
- Skills Development Levies
- Workmen’s Compensation
Personnel Documents and Records
- Employment contracts
- Employment Equity Plan (if applicable)
- Disciplinary records
- Salary records
- Disciplinary code
- Leave records
- Training records
- Training Manuals
- Identity number
- Voice biometric
- Face biometric
- Mobile number
- Email address
Purpose of Processing
The Company uses the Personal Information under its care in the following ways:
- Rendering service according to instructions given by clients
- Staff administration
- Keeping of accounts and records
- Complying with tax laws
Categories of Data Subjects and their Personal Information. The Company may possess records relating to suppliers, shareholders, contractors service providers, staff and clients:
|Entity type||Personal Information Processed|
|Clients – Juristic Persons / Entities||Names of contact persons; Name of Legal Entity; Physical and Postal address and contact details; Financial information; Registration Number; Founding documents; Tax-related information; contracts|
|Clients||Names; registration number; contact details; physical and postal addresses; Tax-related information; confidential correspondence|
|End consumer||Names, mobile numbers, email addresses. National ID/Passport, voice and/or face biometric|
|Partners||Names of contact persons; Name of Legal Entity; Physical and Postal address and contact details; Financial information; Registration Number; Tax-related information; authorised signatories, contracts, confidential correspondence|
|Contracted Service Providers||Names of contact persons; Name of Legal Entity; Physical and Postal address and contact details; Financial information; Registration Number; Tax-related information; authorised signatories, contracts, confidential correspondence|
|Employees / Directors||Gender, Pregnancy; Marital Status; Colour, Age, Language, Education information; Financial Information; Employment History; ID number; Physical and Postal address; Contact details;Opinions, Criminal behaviour; Well-being; contracts, confidential correspondence|
Categories of Recipients for Processing the Personal Information
The Company may supply the Personal Information to service providers who render the following services:
- Capturing and organising of data;
- Storing of data;
- Sending of emails and other correspondence to clients
- Conducting due diligence checks;
- Administration of the Collective Investment Schemes;
Actual or Planned Transborder Flows of Personal Information
The Company may transfer data trans-border in order to store data with third party cloud storage providers.
General Description of Information Security Measures
The Company employs up to date technology to ensure the confidentiality, integrity and availability of the Personal Information under its care. Measures include:
- Virus protection software and update protocols
- Logical and physical access control;
- Secure setup of hardware and software making up the IT infrastructure;
- Outsourced Service Providers who process Personal Information on behalf of the Company are contracted to implement security controls.
The Company does not have internal appeal procedures. As such, the decision made by the information officer pertaining to a request is final, and requestors will have to exercise such external remedies at their disposal if a request is refused, and the requestor is not satisfied with the response provided by the information officer.
A requestor that is dissatisfied with the information officer’s refusal to disclose information, may within 30 days of notification of the decision, apply to a court for relief. Likewise, a third party dissatisfied with the information officer’s decision to grant a request for information, may within 30 days of notification of the decision, apply to a court for relief. For purposes of the Act, courts that have jurisdiction over these applications are the Constitutional Court, the High Court or another court of similar status, including a Magistrate’s Court designated by the Minister of Justice and Constitutional Development and which is presided over by a designated Magistrate.
Records of the Company’s and other legal entities in which the Company has a direct controlling interest or an indirect controlling interest through its subsidiaries may be kept by or on behalf of the Company in accordance with the following legislation (some of which legislation may not be applicable to the Company), as well as with other legislation that may apply to the Company and/or its subsidiaries from time to time:
Assented to on behalf of the company on this 30th June 2021.
Request for access to record of private body (Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) [Regulation 10]
- Particulars of private body
The head :
B. Particular of person requesting access to the record
|The particulars of the person who requests access to the record must be given below.|
The address and/or fax number in the Republic to which the information is to be sent must be given.
Proof of the capacity in which the request is made, if applicable, must be attached.
- Full names and surname:
- Identity number:
- Postal Address:
- Telephone number:
- Email address:
- Capacity in which request is made, when made on behalf of another person:
C. Particulars of person on whose behalf request is made
This section must be completed ONLY if a request for information is made on behalf of another person
- Full names and surname:
- Identity number:
|– Provide full particulars of the record to which access is requested, including the reference number if that is known to you, to enable the record to be located.|
– If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
- Description of record or relevant part of the record:
- Reference number, if available:
- Any further particulars of record:
- A request for access to a record, other than a record containing personal information about yourself, will be processed only after a request fee has been paid.
- You will be notified of the amount required to be paid as the request fee.
- The fee payable for access to a record depends on the form in which access is required and the reasonable time required to search for and prepare a record.
- If you qualify for exemption of the payment of any fee, please state the reason for exemption.
Reason for exemption from payment of fees:
E. Form of access to record
|Disability:||Form in which record is required:|
|Mark the appropriate box with an X.|
|a) Compliance with your request in the specified form may depend on the form in which the record is available.|
|b) Access in the form requested may be refused in certain circumstances. In such a case you will be informed if access will be granted in another form.|
|c) The fee payable for access for the record, if any, will be determined partly by the form in which access is requested.|
|1. If the record is in written or printed form (mark x):||If the record is in written or printed form:||1.||If the record is in written or printed form:||1.||If the record is in written or printed form:|
|Copy of record||Inspection of record|
|2. If record consists of visual images, this includes photographs, slides, video recordings, computer-generated images, sketches, etc|
|View images||Copy of images||Transcription of images|
|3. If record consists of recorded words or information which can be reproduced|
|Listen to the audio file||Transcription of the audio file|
|4. If record is held on computer or in an electronic or machine-readable form:|
|Print copy of record||Print copy of information derived from the record||Copy in computer readable form (flash drive or removable media)|
|If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be postage to you? Postage is payable||If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be postage to you?||If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be postage to you?||If you requested a copy or transcription of a record (above), do you wish the copy or transcription to be postage to you?||YES||NO|
F. Particulars of right to be exercised or protected
If the provided space is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
1. Indicate which right is to be exercised or protected:
2. Explain why the record requested is required for the exercise of protection of the right:
G. Notice of decision regarding request for access
You will be notified in writing whether your request has been approved/denied. If you wish to be informed in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.
How would you prefer to be informed of the decision regarding your request for access to the record?
Signed at …………….. This ……………….day of …………………………… 20 ………………………
SIGNATURE OF REQUESTER / PERSON ON WHOSE BEHALF REQUEST IS MADE