PAIA and POPIAmanual

1. List of acronyms and abbreviations

• 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

In order to promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in terms of the Act in order for them to exercise their rights.

Section 9 of the Act recognises that such right to access to information cannot be unlimited and should be subject to justifiable limitations, including:

• Limitations aimed at the reasonable protection of privacy
• Commercial confidentiality
• Effective, efficient and good governance

These limitations must be applied in a manner that balances the right of access to information with other rights, including those contained in the Bill of Rights in the Constitution.

Wherever reference is made to “Private Body” in this manual, it will refer to KineticSkunk™.

This PAIA Manual is useful for the public to:

• Check the categories of records held by the body which are available without a person having to submit a formal PAIA request
• Understand how to make a request for access to a record of the body
• Know the records available in accordance with other legislation
• Access the relevant contact details of the Information Officer and Deputy Information Officers
• Know how to obtain the guide on how to use PAIA, as updated by the Regulator
• Understand whether the body processes personal information, the purpose of processing and the categories of data subjects and information processed
• Know the recipients or categories of recipients to whom personal information may be supplied
• Know whether personal information may be transferred or processed outside the Republic of South Africa
• Know whether the body has appropriate security measures to ensure the confidentiality, integrity and availability of personal information

3. Section 51(1)(a): Company contact details

4. Section 51(1)(c): Relevant legislation

Records are available in accordance with the following current South African legislation and any amendments thereof.

5. Categories of records available without a person having to request access

6. Description of the subjects on which the body holds records and categories of records

This clause serves as a reference to the records that the Private Body holds in order to facilitate a request in terms of the Act.

The information is classified and grouped according to records relating to the following subjects and categories. The accessibility of the documents listed below may be subject to grounds of refusal.

7. Processing of personal information

7.1 Purpose of Processing Personal Information

KineticSkunk™ IT Solutions will only process personal information:

• With the data subject’s consent
• To comply with our contractual obligation to the data subject
• To comply with a legislative requirement
• Where such processing is in the pursuit of a legitimate interest of KineticSkunk™ IT Solutions, a third party or the data subject
• As directed by the data subject

7.2 Categories of Data Subjects and personal information processed

7.3 Recipients or categories of recipients to whom personal information may be supplied

KineticSkunk™ IT Solutions may disseminate some personal information to a third party. Below are the categories of personal information which may be disseminated and the recipient of such personal information.

7.4 Planned transborder flows of personal information

KineticSkunk™ IT Solutions may in the course of business transfer your personal information outside the Republic of South Africa or engage the services of operators who do so. Some recipients of your Personal Data are located in countries such as the United States of America and Europe.

Pursuant to Section 72 of POPIA, we will only transfer your personal information outside South African borders if we have established that recipients located outside the Republic of South Africa will provide an adequate level of data protection for the Personal Data and that appropriate technical and organisational security measures are in place.

7.5 General description of Information Security Measures

To ensure the confidentiality and integrity of all personal information under the care of KineticSkunk™ IT Solutions, we have implemented measures such as:

• Anti-virus measures
• Security firewalls
• Encryption measures
• Password control
• Cyber security measures
• Access control measures
• Employee training and awareness
• Anonymisation
• Pseudonymisation
• Internal Company Policies
• Physical security measures

8. Availability of the manual

• A copy of the Manual is available on https://www.kineticskunk.io
• At the head office of KineticSkunk™ IT Solutions (Pty) Ltd for public inspection during normal business hours
• To any person upon request and upon payment of a reasonable prescribed fee
• To the Information Regulator upon request
• 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

9. 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 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 Guide can be obtained:

• From the Information Regulator’s website at https://inforegulator.org.za/
• Upon request to our Information Officer

10. Updating of the manual

The Information Officer will on a regular basis update this manual.

11. Form of request: PAIA section 18 and 53(1)

This section is also applicable to POPI Act section 23. To facilitate the processing of your request, kindly:

• Use the prescribed form, Form C, when a request is made to a private body or business. This form is available via written request to KineticSkunk™’s Information Officer.
• Provide the prescribed fee of R50.00 before a request will be processed.
• Provide all information required on Form C in order for the Information Officer to properly process your request. We may decline the request for access to information should you fail to do so.
• If the requester wishes to be informed of the decision in any manner in addition to written notice, provide the manner and particulars thereof.
• State the right which the requester is seeking to exercise or protect, with an explanation of the reason the record is required to exercise or protect the right.

Issued by
Dante Swartz
IT Manager