Right of access to your personal information


Manual prepared in terms of Section 51 of The Promotion of Access to Information Act, 2 of 2000 for MacRoots (Pty) Ltd

Download the MacRoots (Pty) Ltd PAIA Manual for safe keeping and later reference. Alternatively you may print the PAIA Manual directly in order to fill the form and submit a request to access your data.

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1. LIST OF ACRONYMS AND ABBREVIATIONS


ABBREVIATION EXPLENATION
CEO Chief Executive Officer
DIO Deputy Information Officer
IO Information Officer
Minister Minister of Justice and Correctional Services
PAIA Promotion of Access to Information Act No.2 of 2000 (as Amended)
POPIA Protection of Personal Information Act No.4 of 2013
Regulator Information Regulator
Republic Republic of South Africa

2. PURPOSE OF PAIA MANUAL


The PAIA Manual is useful for the public to:

  • Check the categories of records held by a body which are available without a person having to submit a formal PAIA request,
  • 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,
  • Know the description of the records of the body which are available in accordance with any other legislation,
  • Access all the relevant contact details of the Information Officer and Deputy Information Officer who will assist the public with the records they intend to access,
  • Know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it,
  • 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,
  • Know the description of the categories of data subjects and of the information or categories of information relating thereto,
  • Know the recipients or categories of recipients to whom the personal information may be supplied,
  • 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
  • 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. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE


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.

  • The Guide is available in each of the official languages and in braille.
  • The aforesaid Guide contains the description of –
    • the objects of PAIA and POPIA,
    • the postal and street address, phone, and fax number and, if available, electronic mail address of –
    • the Information Officer of every public body, and
    • every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA and section 56 of POPIA,
  • the manner and form of a request for –
    • access to a record of a public body contemplated in section 11, and
    • access to a record of a private body contemplated in section 50,
  • the assistance available from the IO of a public body in terms of PAIA and POPIA,
  • the assistance available from the Regulator in terms of PAIA and POPIA,
  • 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
    • an internal appeal,
    • a complaint to the Regulator, and
    • 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,
  • the provisions of sections 14 and 51 requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual,
  • the provisions of sections 15 and 52 providing for the voluntary disclosure of categories of records by a public body and private body, respectively,
  • the notices issued in terms of sections 22 and 54 regarding fees to be paid in relation to requests for access, and
  • the regulations made in terms of section 92.
  • 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.
  • The Guide can also be obtained

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 deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records.

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 deputy information officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of POPIA.

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.

Section 50(1) of PAIA – A requester must be given access to any record of a private body if –

  • that record is required for the exercise or protection of any rights,
  • that person complies with 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.

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.

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.

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

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

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.

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.

Section 92(1) of PAIA provides that – “The Minister may, by notice in the Gazette, make regulations regarding –

  • any matter which is required or permitted by this Act to be prescribed,
  • any matter relating to the fees contemplated in sections 22 and 54,
  • any notice required by this Act,
  • 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
  • any administrative or procedural matter necessary to give effect to the provisions of this Act.”

4. MACROOTS (PTY) LTD ADDRESS


  • BUSINESS ADDRESS
  • 208 Seven Oaks Avenue,
  • Chartwell, Johannesburg, 2191,
  • South Africa.
  • POSTAL ADDRESS
  • PostNet Suite 1351, Private Bag X153,
  • Bryanston, Johannesburg, 2021,
  • South Africa.

5. INTRODUCTION OF ENTITIES


MacRoots (Pty) Ltd provide their clients with a tailored approach to IT services. These tailored products and services are designed to provide the best quality and most cost-effective IT solutions. MacRoots (Pty) Ltd is one of the few service providers in the country that offer such a wide spectrum of services. You would have access to a range of assistances, which in the long run will give you a competitive advantage in any field of operation.

MacRoots (Pty) Ltd model aims to partner your staff with our team of skilled technicians, to provide you with IT services, enabling you to leverage off of a host of skills – all housed in one place. We have the ability to assist on a large scale, to businesses and schools that need managed IT services, as well as on a more personalised level to individuals who need day-to-day IT assistance.

The entity that is relevant for this manual: MacRoots (Pty) Ltd South Africa.

The MacRoots (Pty) Ltd Information Officer will attend to all matters relating to this Act.


6. PARTICULARS IN TERMS OF THE SECTION 51 MANUAL


This Manual has been complied in accordance with the Promotion of Access to Information Act 2 of 2000 (“the Act”) and applies to all the South African identified entities within MacRoots (Pty) Ltd.


7. CONTACT DETAILS


The MacRoots (Pty) Ltd Information Officer will deal with all deal requests relating to any of the Entities. All requests of this Manual should be directed to:

  • BUSINESS ADDRESS
  • 208 Seven Oaks Avenue,
  • Chartwell, Johannesburg, 2191,
  • South Africa.
  • POSTAL ADDRESS
  • PostNet Suite 1351, Private Bag X153,
  • Bryanston, Johannesburg, 2021,
  • South Africa.

8. THE GUIDE AS DESCRIBED IN SECTION 10


The Guide provides greater clarity on or assistance with the Act. It will, inter alia, include the following:

  • What the objectives of this Act are,
  • The relevant contact details of each public and private body (if available),
  • The process that needs to be followed in order to request access to records,
  • The assistance available from the information officer of a public body,
  • How to obtain access to a manual of a public and private body,
  • All the remedies available in law to you, and
  • Details on prescribed fees payable in respect of requests for information.

The guide has been compiled in each official language and contains such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in the Act.

Please direct any queries to:
E-mail: [email protected]


9. TYPES OF RECORDS AVAILABLE


Records Available in Terms of any Other Legislation

All records kept and made available in terms of legislation applicable to any of the Entities listed in this Manual, as it applies to the specific environment in which the Entities operate, are available in accordance with the said legislation.

Legislation includes the following:

  • The Constitution of the Republic of South Africa, 1996
  • Consumer Protection Act, 68 of 2008
  • Companies Act, 71 of 2008
  • Income Tax Act, 58 of 1962
  • Protection of Personal Information Act, 4 of 2013
  • Basic Conditions of Employment Act, 75 of 1997
  • Occupational Health and Safety Act, 85 of 1993
  • Employment Equity Act, 55 of 1998
  • Compensation for Occupational Injuries and Diseases Act, 130 of 1993
  • Unemployment Insurance Act, 30 of 1966
  • Customs and Excise Act, 91 of 1964
  • Value Added Tax Act, 89 of 1991
  • Copyright Act, 98 of 1978
  • Electronic Communications and Transactions Act, 25 of 2002
  • Regulation of Interception of Communications and Provision of Communication-Related Information Act, 70 of 2002

Records Available without Requesting Access in Terms of the Act

A private body may, on a voluntary and periodic basis, submit to the Minister of Justice a description of categories of records, which are automatically available without a person having to request access in terms of the Act. The Minister must publish any description so submitted by way of a notice in the Gazette.

Records Available on Request

Set out below are the subjects and categories of records that are available for the purposes of the Act, subject to grounds for refusal to the access thereof.
Records are maintained on the following subjects:

  • Personnel records
  • Client related records
  • Private body records
  • Records in the possession of or pertaining to other parties

Personnel records

“Personnel” refers to any person who works for or provides services to or on behalf of the Entities, and receives or is entitled to receive remuneration, and any other person who assists in carrying out or conducting the business of the private body. This includes, without limitation, directors (executive and non-executive), all permanent, temporary, and part-time staff, as well as contract workers.

Personal records include the following:

  • Personal records provided to the private body by their personnel,
  • Records provided by a third party to the private body relating to their personnel,
  • Conditions of employment and other personnel-related contractual and quasi-legal records,
  • Internal evaluation records and other internal records; and
  • Correspondence relating to personnel.

Client related records

A “client” refers to any natural or juristic entity that receives services from the private body.

Client records include the following:

  • Records provided by the client to a third party acting for or on behalf of the private body,
  • Records provided by a third party to the private body,
  • Records generated by or within the private body pertaining to the client including transactional records, and
  • Records of MacRoots (Pty) Ltd and other listed Entities.

These records include, but are not limited to, the records which pertain to the various Entities’ own affairs:

  • Financial records,
  • Operational records,
  • Databases,
  • Information Technology,
  • Marketing records,
  • Internal correspondence,
  • Records relating to products and services,
  • Statutory records,
  • Internal Policies and Procedures, and
  • Records held by officials of the private body.

Other Party records include the following:

  • Personnel, client, or private body records which are held by another party, as opposed to the records held by the private body, and
  • Records held by the private body pertaining to other parties, including without limitation, financial records, correspondence, contractual records, records provided by the other party and records third parties have provided about the contractors and suppliers.

10. PROCESSING OF PERSONAL INFORMATION


Purpose of Processing

The Entities use the Personal Information under their care in the following ways:

  • Performing business operations
  • Staff administration
  • Keeping of accounts and records
  • Complying with tax laws

MacRoots (Pty) Ltd South Africa may possess records pertaining to contractors, suppliers, subsidiary / holding / sister companies, joint venture companies, and service providers, staff and clients.

DATA SUBJECTS TYPE OF PERSONAL INFORMATION HELD
Clients – Legal Entities Full names of contact persons, Name of Legal Entity, Physical and Postal address and contact details of the client, Financial information, Registration Number, Tax-related information, VAT number
Clients: Natural Persons Full names, contact details, physical and postal addresses, date of birth, ID number, Tax related information, nationality, gender, correspondence of a private/confidential nature
Service Providers Full name and Registration number of the entity, Physical and Postal addresses, Contact Details, Financial Information, VAT number
Employees Full names, contact details, physical and postal addresses, date of birth, ID number, Tax related information, nationality, gender, correspondence of a private/confidential nature, Gender, Pregnancy, Marital Status, Race, Age, Language, Education information, Financial Information, Employment History, ID number, Physical and Postal address, Contact details, Opinions, Criminal behaviour, Well-being

11. THE RECIPIENTS OR CATEGORIES OF RECIPIENTS TO WHOM PERSONAL INFORMATION MAY BE SUPPLIED


MacRoots (Pty) Ltd South Africa may supply the Personal Information under their care to service providers who render the following services:

  • Cloud-based services such as data storage, network, email, and security services,
  • Cloud-based applications such as Human Resource or Marketing solutions,
  • Third-party organizations providing legal services,
  • Third-party organizations engaged for common commercial purpose, such as service provision, joint ventures, or collective bid responses,
  • Credit reference entities, used in the normal course of business; and
  • Government organizations such as South African Revenue Services, as required for legal purposes.
  • Government organisations such as South African Police services requesting Identity number and names, for criminal checks,
  • South African Qualifications Authority requesting Qualifications, for qualification verifications,
  • Credit Bureaus requesting Credit and payment history, for credit information.

12. GENERAL DESCRIPTION OF INFORMATION SECURITY MEASURES


MacRoots (Pty) Ltd South Africa employs the latest technology to ensure the confidentiality, integrity and availability of its information assets which include the Personal Information under its care. These measures include:

  • Boundary firewalls and Internet gateways,
  • Secure configuration of all devices and software which make up the IT infrastructure,
  • Both logical and physical access controls,
  • Malware protection, and
  • Patch management to keep software up to date.

Service Providers who process Personal Information on behalf of MacRoots (Pty) Ltd are bound by agreement to implement similar information security controls than those employed by MacRoots (Pty) Ltd.


13. AVAILABILITY OF THE MANUAL


  • A copy of the Manual is available at;
    • head office of MacRoots for public inspection during normal business hours,
    • to any person upon request and upon the payment of a reasonable prescribed fee; and
    • to the Information Regulator upon request.
    • On https://www.macroots.co.za/
  • 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.

14. UPDATING OF THE MANUAL


The head of MacRoots will on a regular basis update this manual.


15. PROCEDURE TO REQUEST ACCESS TO INFORMATION


If you want to obtain access to any of the records listed in this manual, you should follow the procedure as set out below, and a non-refundable request fee of R50.00 + VAT.

  • Fill in the application form contained in this manual and send it to us via hand delivery, postal service, or email.
  • Hand in your completed application form, and a non-refundable request fee of R 50.00 + VAT at our office. If you are an employee or ex-employee requesting access to your personnel record, then you do not have to pay the request fee.
  • If you cannot visit our office in person, you can post the form and fee to us, or you can contact us to make alternative payment arrangements.
15.1 OUR RESPONSE

We will consider your request and let you know our decision, in writing, not more than 30 days after we receive your request.

Our response will be one of the following:

  • Your application does not contain enough information to enable us to search for the record you want. Please provide additional details.
  • It is going to take us more than six hours to search through our records, and before we do so you must pay us a deposit of R60.00 (plus VAT).
  • We have found the record you’re looking for, and you may have access to it, on payment of:
  • an access fee of R30.00 (+ VAT) per hour for the time that it took us to find the record (less any deposit which you have already paid), and
  • a reproduction fee for making photocopies or printouts or copying the record onto a stiffy disc or CD – the prescribed fees are set out in this manual.

Note: we will not charge fees to an employee or ex-employee requesting access to his/her personnel record.

  • If your request is for access to your Personal Information in terms of Section 23 of the Protection of Personal Information Act, we will give you a written estimate of the fee before providing the access. We may require you to pay a deposit for all or part of the fee.
  • You may not have access to the record you want, for reasons which we will state in our reply. If you have paid a deposit, we will refund it (but not the request fee).
  • If we have searched for the record and cannot find it, we will give you an affidavit explaining what steps we took to try and find the record. Should the missing record later come to light, we will notify you.
  • If we may or must refuse to give you access to part of the requested Personal Information, we will give you access to every other part.
15.2 YOUR RIGHT OF ACCESS TO INFORMATION

Both the Promotion of Access to Information Act and the Protection of Personal Information Act entitle you to have access to our records, if:

  • you need access to exercise or protect any of your rights, and
  • you apply for access according to the procedure set out in this manual, and
  • the Entities do not have grounds for refusing you access.
15.3 OUR RIGHT TO REFUSE ACCESS TO INFORMATION

We have the right to refuse to give you access to our records if any of the following grounds apply:

  • the record would unreasonably disclose Personal Information about a natural person, including a deceased individual (unless that third party or a representative of the deceased gives written permission for access),
  • the record contains (a) trade secrets, or (b) financial, commercial, scientific, or technical information, or (c) information about research by a third party, which could put that third party at a disadvantage in a negotiation or prejudice him in competition (unless that third party gives written permission for access),
  • access would put us in breach of a duty of confidence which we owe to a third party (unless that third party gives written permission for access),
  • access could reasonably be expected to (a) endanger someone’s life or physical safety, or (b) prejudice or impair the security of a building, structure, system, means of transport or other property,
  • the record is privileged from being produced as evidence in legal proceedings (unless the person protected by the privilege has waived that protection), or
  • if the request is for access to your Personal Information, and you could not provide adequate proof of identity to us.

16. PROMOTION OF ACCESS TO INFORMATION


16.1 FEES PAYABLE IN RESPECT OF PRIVATE BODIES

The fee for a copy of the manual as contemplated in regulation 9(2)(c) is R 2.00 for every photocopy of an A4-size page or part thereof.

The fees for reproduction referred to in regulation 11(1) are as follows:

TABLE OF FEES
For every photocopy of an A4-size page or part thereof R 2.00
For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machinereadable form R 2.00
For a copy in a computer-readable form on compact disc R 100.00
For a transcription of visual images on an A4-sized page, per page or part thereof R 400.00
For copy of visual images R 60.00
For transcription of an audio record per page or part thereof R 500.00
For a copy of an audio record R 30.00

  • To search for and prepare the record for disclosure: R 30.00 for each hour or part of an hour reasonably required for such search and preparation

For purposes of section 54(2) of the Act, the following applies:

  • Six hours as the hours to be exceeded before a deposit is payable, and
  • One third of the access fee is payable as a deposit by the requestor.
  • The actual postage is payable when a copy of a record must be posted to a requester.

17. REQUEST FOR ACCESS TO RECORD OF A PRIVATE BODY


(Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000))

[Regulation 10]

  • BUSINESS ADDRESS
  • 208 Seven Oaks Avenue,
  • Chartwell, Johannesburg, 2191,
  • South Africa.
  • POSTAL ADDRESS
  • PostNet Suite 1351, Private Bag X153,
  • Bryanston, Johannesburg, 2021,
  • South Africa.

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).

Please kindly print the submission form below should you need to submit a request for data access.

  PRINT

17.1 PARTICULARS OF RECORD


  • 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 in the form is inadequate, please continue on a separate folio and attach it to your submission.
  • The requester must sign all the additional folios.

* NOTES:

  • 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.
  • Compliance with your request in the specified form may depend on the form in which the record is available.
  • 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.
  • The fee payable for access to the record, if any, will be determined partly by the form in which access is requested.

17.2 NOTICE OF DECISION REGARDING REQUEST FOR ACCESS


You will be notified in writing whether your request has been approved/denied. The method of being informed can be customised on the form.


MacRoots Privacy Contact


Get in touch with our Privacy Officer for any and all privacy and personal data related enquiries.
For any compliance information or general enquiries, get in touch with us directly.

Last Editted: 31 January 2022