PAIA Manual

1. Introduction

1.1 The Promotion of Access to Information Act 2 of 2000 ("PAIA") was enacted to give effect to section 32(1) of the Constitution of the Republic of South Africa, 1996, which provides for the right to access information held by a private body. A requestor seeking access to information held by a private body is required to demonstrate that the information is needed for the exercise or protection of any rights.

1.2 The Protection of Personal Information Act 4 of 2013 ("POPIA") was enacted to give effect to:

• The constitutional right to privacy, by safeguarding personal information when processed by a responsible party
• Regulating the manner in which personal information may be processed
• Providing persons with rights and remedies to protect their personal information from processing that is not in accordance with POPIA
• Establishing voluntary and compulsory measures, including the establishment of an Information Regulator, to ensure respect for and to promote, enforce and fulfil the rights protected by POPIA

1.3 In terms of PAIA, a private body such as GreenNotes is required to compile a manual providing a description of the types and categories of records held by such private body.

1.4 In terms of POPIA, such a manual must also include a description of the purpose of processing personal information, a description of the categories of data subjects and of the information or categories of information relating thereto, the recipients or categories of recipients to whom the personal information may be supplied, planned transborder flows of personal information, and a general description of information security measures put in place.

1.5 This Manual provides an outline of the records held by GreenNotes and the processing of personal information by GreenNotes.

1.6 This document serves as the Manual for GreenNotes Proprietary Limited.

2. Administration of PAIA

Section 51(1)(a) of PAIA

2.1 The contact details of the person who has been authorised to deal with requests made in terms of PAIA are set out below.

3. Guide on How to Use PAIA

Section 10 of PAIA

3.1 The Information Regulator has, in terms of section 10 of PAIA, produced a revised guide on how to use PAIA ("the Guide").

3.2 The Guide is available in all official languages and in braille.

3.3 The Guide contains information to assist a person wishing to exercise a right of access to information under PAIA, including:

• The objects of PAIA
• The postal and street addresses, phone and fax numbers, and electronic mail addresses of the Information Officer of every public body
• The manner and form of a request for access to a record of a public or private body
• The assistance available from the Information Officer of a public body or the Information Regulator
• All remedies in law available regarding an act or failure to act in respect of a right conferred or duty imposed by PAIA
• The provisions of PAIA requiring a private body to compile a manual
• The provisions of PAIA regarding voluntary disclosure of categories of records by a private body
• The notices issued in terms of PAIA regarding fees to be paid in relation to requests for access
• The regulations made in terms of PAIA

3.4 The Guide is available on the Information Regulator's website.

4. Objectives of This Manual

The objectives of this Manual are to:

• List all records held by GreenNotes
• Set out the requirements for requesting access to records held by GreenNotes
• Describe the manner and form in which a request for access to such records must be made
• Ensure compliance with the provisions of POPIA relating to the inclusion of certain information in this Manual

5. Entry Point for Requests

5.1 A requester must be able to demonstrate that the right to access the information is required for the exercise or protection of any rights.

5.2 A requester must provide sufficient particulars to enable the Information Officer to identify the record(s) requested and the requester. A request for access to information may be limited and does not extend to information required for use in criminal or civil proceedings.

5.3 The Information Officer is responsible for coordinating all requests made in terms of PAIA.

5.4 The Information Officer will liaise with GreenNotes' internal legal team where necessary.

5.5 All requests for access to information held by GreenNotes should be addressed to the Information Officer whose contact details are set out in section 2 above.

6. Records Automatically Available

Section 51(1)(b)(ii) of PAIA

GreenNotes has elected not to voluntarily make available any categories of records without a person having to request access in terms of PAIA.

7. Information Required in Terms of POPIA

Section 51(c)(i)-(v) of PAIA

7.1 Purpose of Processing

The purpose for which personal information is processed depends on the nature of the personal information and the relationship between GreenNotes and the data subject.

7.2 Categories of Personal Information Collected

Shareholders and Directors

• Names and surname
• Identity number and/or passport number
• Contact details including physical and postal address, telephone number, and email address
• Tax-related information
• Financial information including bank account details
• Any other information that may be required by law

Employees, Interns, and Contractors

• Names and surname
• Identity number and/or passport number
• Date of birth
• Gender
• Race and ethnicity
• Contact details including physical and postal address, telephone number, and email address
• Next of kin and emergency contact details
• Employment history and references
• Qualifications and education records
• Financial information including bank account details
• Tax-related information
• Medical aid and benefits information
• Performance reviews and disciplinary records
• Any other information that may be required by law or in terms of the employment contract

Prospective Recruitment Candidates

• Names and surname
• Identity number and/or passport number
• Date of birth
• Gender
• Race and ethnicity
• Contact details including physical and postal address, telephone number, and email address
• Employment history and references
• Qualifications and education records
• Criminal record checks
• Credit checks
• Psychometric assessments
• Medical fitness assessments
• Professional registrations and memberships
• Any other information that may be required for recruitment purposes

Vendors, Suppliers, Third Parties, and Visitors

• Names and surname or entity name
• Contact details including physical and postal address, telephone number, and email address
• Financial information including bank account details and tax information
• Any other information that may be required for business purposes or by law

7.3 Purpose of Processing

Personal information is processed for the following purposes:

• To comply with legal and regulatory obligations
• To fulfil contractual obligations
• To protect a legitimate interest of the data subject
• For the proper performance of a public law duty
• To pursue the legitimate interests of GreenNotes or a third party to whom the information is supplied

7.4 Recipients of Personal Information

Personal information may be supplied to the following recipients or categories of recipients:

• The South African Revenue Service
• The Department of Labour
• Medical aid schemes and pension fund administrators
• Auditors and accountants
• Legal advisors
• Regulatory authorities
• Any other third party to whom GreenNotes is required or authorised by law to disclose personal information

7.5 Planned Transborder Flows of Personal Information

GreenNotes may transfer personal information to recipients in other countries where this is necessary for the performance of a contractual obligation, where the data subject has consented to the transfer, or where the transfer is for the benefit of the data subject. Such transfers will only take place in compliance with the requirements of POPIA.

7.6 Information Security Measures

GreenNotes has implemented reasonable technical and organisational measures to secure the integrity and confidentiality of personal information in its possession or under its control. These measures are designed to prevent loss, damage, unauthorised destruction, and unlawful access to or processing of personal information.

8. POPIA Data Subject Request Process

8.1 A data subject may, subject to the provisions of POPIA, request GreenNotes to confirm, free of charge, whether or not it holds personal information about the data subject.

8.2 A data subject may request the correction or deletion of personal information about the data subject held by GreenNotes that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading, or obtained unlawfully.

8.3 The prescribed forms for data subject requests are available on the Information Regulator's website at www.inforegulator.org.za.

8.4 A data subject submitting a request must provide adequate proof of identity.

9. Records and Record Categories

Section 51(1)(b)(iv) of PAIA

9.1 Records Held by GreenNotes

The following table sets out the applicable legislation and the records or categories of records held by GreenNotes in relation thereto:

10. PAIA Access Request Procedure

Section 51(1)(b)(iv) of PAIA

10.1 Completion of Prescribed Form

A requester must complete the prescribed form (Form 2) in order to request access to a record held by GreenNotes. The form must include:

• The particulars of the requester
• The particulars of the person on whose behalf the request is made, if applicable
• A description of the record(s) requested
• The form of access required
• The right that the requester is seeking to exercise or protect and the reason the record is required for the exercise or protection of that right

A request that does not comply with the prescribed requirements will be returned to the requester with instructions on how to comply.

GreenNotes reserves the right to refuse access to records on any of the grounds set out in section 10.5 below.

10.2 Proof of Identity

A requester must provide adequate proof of identity when submitting a request for access to information.

10.3 Payment of Prescribed Fees

A requester is required to pay a request fee as prescribed by the regulations made in terms of PAIA.

If the request is granted, the requester must pay an access fee for the reproduction, search, and preparation of the record, as well as for any time that has reasonably been required in excess of the prescribed hours to search for and prepare the record for disclosure.

All fees must be paid in full before access to the requested record will be granted.

10.4 Timelines

The Information Officer will process a request within 30 days of receipt of a properly completed request form.

The requester will be notified of the decision on the request by means of a Form 3 notification.

The Information Officer may extend the period for processing the request by a further period of not more than 30 days, in which case the requester will be notified of the extension.

10.5 Grounds for Refusal

GreenNotes may refuse a request for access to a record on the following grounds:

• Protection of the personal information of a third party (section 63 of PAIA)
• Protection of commercial information of a third party (section 64 of PAIA)
• Protection of information disclosed in confidence by a third party (section 65 of PAIA)
• Protection of the safety of individuals and protection of property (section 66 of PAIA)
• Records that are privileged from production in legal proceedings (section 67 of PAIA)
• Protection of trade secrets and commercial or financial information of GreenNotes (section 68 of PAIA)
• Records relating to research information of a third party or GreenNotes (section 69 of PAIA)

Notwithstanding the grounds for refusal set out above, access to a record must be granted if the disclosure of the record would reveal evidence of a substantial contravention of, or failure to comply with, the law, or if the public interest in the disclosure of the record clearly outweighs the harm contemplated in the relevant provision, as provided for in section 70 of PAIA.

Where a request involves the personal information of a third party, GreenNotes will take all reasonable steps to inform the third party and afford that third party 21 days in which to make representations regarding the request.

11. Availability of This Manual

This Manual is available free of charge at the offices of GreenNotes, on the GreenNotes app, and on the GreenNotes website.