PAIA Manual

Impression Signatures Promotion of Access to Information Act (“PAIA”) Manual

Policy Owner - Impression Information Officer

Policy Custodian - Impression Information Officer

Approval/Effective date - 17 January 2023

Next Review Date - 17 January 2024

PAIA Manual Download

Right of Access to Information
Classes of Records
Access Procedure and Requests
Grounds for refusal of access to records and appeal
Prescribed Fees: Sec 92. 11
Sharing of Personal Information

1. Right of Access to Information

1.1. Introduction

The 1996 South African Constitution, by providing a statutory right of access on request to any record held by the state as well as access to records held by private bodies, entrenches the fundamental right to information.
The Promotion of Access to Information Act 2 of 2000 (“the Act”), which came into effect on 9 March 2001, seeks to advance the values of transparency and accountability in South Africa and provides the mechanism for requesters to exercise and protect their constitutional right to request access to a record.

The Act establishes the following statutory rights of requesters to any record of a private body if:
That record is required for the exercise or protection of any of his or her legal rights;
That requester complies with all the procedural requirements; and
Access is not refused in terms of any ground referred to in the Act.

In terms of the Act private bodies are required to publish a manual to assist requesters whomwish to request access to a record.

1.2. Availability of the Impression Signatures PAIA Manual and Entry Point for requests

This document serves as the Impression Signatures manual (“the Manual”) in accordance with the requirements of section 51 of the Act to facilitate access to records held by Impression Signatures. A copy of this Manual is available to the public in a PDF (“Portable Document Format”) version on the website of Impression Signatures at impression-signatures.com or on request from the Information Officer referred to in this Manual. Impression Signatures endorses the spirit of the Act and believes that this Manual will assist requesters in exercising their rights.
In summary, the Manual provides information on the:

Contact details of the Information Officer;
Structure and functions of Impression Signatures;
Subjects and categories of records that are held by Impression Signatures; and
Procedure that needs to be followed and criteria that have to be met by a requester to request access to a record.

1.3. Who may request access to information:

The Act provides that a requester is only entitled to access to a record if the record is required for the exercise or protection of a right. Only requests for access to a record, where the requester has satisfied the Information Officer that the record is required to exercise or protect a right, will be considered. A requester may act in different capacities in making a request for a record. This will influence the amount to be charged when a request has been lodged.
Requesters may make a request as:

A personal requester who requests a record about him/herself;
An agent requester who requests a record on behalf of someone else with that person’sconsent and where it is required for the protection of that person’s legal right;
A third-party requester who requests a record about someone else with that person’s
consent and where it is required for the protection of that person’s legal right; and

A public body who may request a record if:

It fulfills the requirements of procedural compliance;
The record is required for the exercise or protection of a right; and
No grounds for refusal exist.

1.4. Contact Details of Impression Signatures Information Officer: Sec 51 (1) (a)

The Managing Director of Impression Signatures has delegated their powers to the Information Officer below in Terms of the Act to handle all requests on Impression Signatures behalf and ensure that the requirements of the Act are administered in a fair, objective and unbiased manner.

Impression Signatures contact details

Information Officer: Carrie Peter

Deputy Information Officer: Verusha Appalsamy

Physical Address:

1st Floor Block E, 164 Katherine Street,

Pinmill Farm, Barlow Park Sandton, 2148

Postal Address:

1st Floor Block E, 164 Katherine Street,

Pinmill Farm, Barlow Park Sandton, 2148

Tel: +27 78 063 9691

E-mail: carriep@impression.cloud

verushaa@impression.cloud

1.5. Policy with regard to Confidentiality and Access to Information:

Impression Signatures will protect the confidentiality of information provided to it by third parties, subject to Impression Signatures obligations to disclose information in terms of any applicable law or a court order requiring disclosure of the information. If access is requested to a record that contains information about a third party, Impression Signatures is obliged to attempt to contact this third party to inform them of the request.
This enables the third party the opportunity of responding by either consenting to the access or by providing reasons why the access should be denied. In the event that the third-party furnishing reasons for the support or denial of access, the Information Officer will consider these reasons in determining whether access should be granted, or not.

1.6.Information Regulator guidance to Requesters on how to use the Act: Sec 51 (1) (b)

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. This guide can be found on the information regulator website in all 11 official languages; https://inforegulator.org.za/paia-guidelines/

Information Regulator

The Information Regulator of South Africa is based at:

Postal Address: P O Box 31533

Braamfontein

Johannesburg

2017

Physical Address: JD house

27 Stiemens Street

Braamfontein

Johannesburg

2001

General enquiries: enquiries@inforegulator.org.za

Complaints: POPIAComplaints@inforegulator.org.za; and

PAIAComplaints@inforegulator.org.za

2. Classes of Records

Automatic Disclosure: Sec 51 (1) (c) – Records automatically available to the Public
No notice has been published in terms of section 52 of the Act. However, the following records are automatically available at the registered office of Impression Signatures on payment of the prescribed fee for reproduction.

Documentation and information relating to Impression Signatures which is held by the Companies and Intellectual
Properties Commission in accordance with the requirements set out in set out in section 25 of the Companies Act 71 of 2008.
Product and Promotional Brochures
News and other Marketing Information

2.2. Legislative requirements: Sec 51 (1) (d) – Records available in accordance with other legislation

Records are kept in accordance with such other legislation as applicable to the Impression Signatures Group, which includes, but is not limited to:

Banks Act 94 of 1990
Basic Conditions of Employment Act 75 of 1997
Broad-Based Black Economic Empowerment Act 53 of 2003
Civil Proceedings Evidence Act, 1965 (Act 25 of 1965)
Companies Act 71 of 2008
Compensation for Occupational Injuries and Diseases Act 130 of 1993
Competition Act 89 of 1998
Constitution of South Africa Act 108 of 1996
Copyright Act 98 of 1987
Consumer Protection Act 68 of 2008
Criminal Procedure Act 51 of 1977
Customs and Excise Act, 1964
Deeds Registries Act 57 of 1937
Debt Collectors Act 114 of 1998
Electronic Communications and Trans-actions Act 25 of 2002
Employment Equity Act 55 of 1998
Finance Act 2 of 2007
Firearms Control Act 60 of 2000
Income Tax Act 58 of 1962
Insider Trading Act 135 of 1998
Insolvency Act 24 of 1936
Labour Relations Act 66 of 1995
Long Term Insurance Act 52 of 1998
Magistrates Court Act 32 of 1944
Non Profit Organisations Act 71 of 1997
Occupational Health and Safety Act 85 of 1993
Patents Act 57 of 1987
Pension Funds Act 24 of 1956
Prevention of Organised Crime Act 14 of 1998
Protection of Information Act, No. 84 of 1982
Regulation of Interception of Communications and Provision of Communication Related Information Act 70 of 2002
Securities Services Act 36 of 2004
Short Term Insurance Act. 53 of 1998
Skills Development Act 97 of 1998
Skills Development Levies Act 97 of 1999
South African Revenue Service Act 34 of 1997
Statistics Act 6 of 1999
Tax on Retirement Funds Act No 38 of 1996
Trust Property Control Act 57 of 1988
Unemployment Insurance Act 63 of 2001
Value Added Tax Act 89 of 1991

Although Impression Signatures has used its best endeavours to supply you with a list of applicable legislation it is possible that the above list may be incomplete.

Wherever it comes to Impression Signature’s attention that existing or new legislation allows a requester access on a basis other than that set out in the Act, we shall update the list accordingly.

2.3. Records held by Impression Signatures Group: Sec 51 (1) (e) – Impression Signatures Record Subjects and Categories

Corporate Affairs and Investor Relations / Communications

Media Releases
Newsletters and Publications
Corporate Social Investment
Public Corporate Records
Finance and Taxation

Policies and Procedures
Accounting Records
Annual Financial Statements
Audit Reports
Capital Expenditure Records
Investment Records
Invoices and Statements
Management Reports
Purchasing Records
Sale and Supply Records
Tax Records and Returns
Treasury Dealing
Transactional Records
Human Resources Education and Training Records

Employee Benefit Records
Employment Contracts
Employment Equity Records
Employee Information
Employee Share Option Scheme
Policies and Procedures
Group Life
Leave Records
Medical Records
Pension and Retirement Funding Records
Study assistance scheme/s
Tax Returns of employees
UIF Returns

Information Technology

Agreements
Disaster Recovery
Hardware and Software Packages
Policies and Procedures
Internal Systems Support and Programming
Licenses
Operating Systems

Intellectual Property

Trademark applications
Agreements relating to intellectual property
Copyrights

Legal

Complaints, pleadings, briefs and other documents pertaining to any actual or pending litigation, arbitration or investigation
Material licenses, permits and authorizations

Sales, Marketing and Communication

Brochures, Newsletters and Advertising Material
Client Information
Marketing Brochures
Marketing Strategies
Product Brochures
Policies and Procedures

3. Access Procedure and Requests

The purpose of this section is to provide requesters with sufficient guidelines and procedures to facilitate a request for access to a record held by Impression Signatures.

It is important to note that an application for access to information can be refused in the event that the application does not comply with the procedural requirements of the Act. In addition, the successful completion and submission of an access request form does not automatically allow the requester access to the requested record. An application for access to a record is subject to certain limitations if the requested record falls within a certain category as specified within Part 3 Chapter 4 of the Act.

If it is reasonably suspected that the requester has obtained access to the Impression Signatures records through the submission of materially false or misleading information, legal proceedings may be instituted against such requester.

3.1. Guidance on Completion of Prescribed Access Form: Sec 51 (1) (e)In order for Impression Signatures to facilitate your access to a record you need to complete the attached prescribed access form attached as Annexure A. Please take note that the prescribed access form must be completed in full, failure to do so will result in the process being delayed until such additional information is provided. Impression Signatures will not be held liable for delays due to receipt of incomplete forms. Due cognisance should be taken of the following instructions when completing the Access Request Form because the Information Officer shall not process any request for access to a record until satisfied that all requirements have been met:

The Access Request Form must be completed in the English language.
Proof of identity is required to authenticate the requester’s identity. If the requester acts as an agent requester, the requester shall provide proof of the identity of the person on whose behalf the request is made, the authority or mandate given to the requester by such person and proof of the identity of the requester as provided above.
Type or print in BLOCK LETTERS an answer to every question.
If a question does not apply, state “N/A” in response to that question.
If there is nothing to disclose in reply to a particular question, state “nil” in response to that question.
If there is insufficient space on a printed form in which to answer a question, additional information may be provided on an additional attached folio.
When the use of an additional folio is required, precede each answer thereon with the title applicable to that question.

3.2. Submission of Prescribed Access Form

3.2.1. The completed Access Request Form must be submitted either via e-mail and must be addressed to the Information Officer.

3.3 Payment of Prescribed Fees

Payment details can be obtained from the Information Officer and payment can be made either via a direct deposit, by bank guaranteed cheque or by postal order (no credit card payments are accepted). Proof of payment must be supplied. Four types of fees are provided for in terms of the Act:

Request fee: An initial, non-refundable R57.00 (incl. VAT) is payable on submission. This fee is not applicable to Personal Requesters, referring to any person seeking access to records that contain their personal information.
Reproduction fee: This fee is payable with respect to all records that are automatically available.
Access fee: If the request for access is successful an access fee may be required to re-imburse Impression Signatures for the costs involved in the search, reproduction and/or preparation of the record and will be calculated based on the Prescribed Fees.
Deposit: A deposit of one third (1/3) of the amount of the applicable access fee, is payable if Impression Signatures receives a request for access to information held on a person other than the requester himself/herself and the preparation for the record will take more than six (6) hours. In the event that access is refused to the requested record, the full deposit will be refunded to the requester.

3.4 Notification

Impression Signatures will within thirty (30) days of receipt of the request decide whether to grant or decline the request and give notice with reasons (if required) to that effect.
The thirty (30) day period within which Impression Signatures has to decide whether to grant or refuse the request, may be extended for a further period of not more than thirty (30) days, if the request is for a large volume of information, or the request requires a search for information and the information cannot be reasonably obtained within the original thirty (30) day period. Impression Signatures will notify the requester in writer should an extension be sought.
If the request for access to a record is successful, the requester will be notified of the following:

The amount of the access fee payable upon gaining access to the record;
An indication of the form in which the access will be granted; and
Notice that the requester may lodge an application with a court against the payment of the access fee and the procedure, including the period, for lodging the application.

If the request for access to a record is not successful, the requester will be notified of the following:

Adequate reasons for the refusal (refer to Third Party Information and Grounds for Refusal); and
That the requester may lodge an application with a court against the refusal of the request and the procedure, including the period, for lodging the application.

3.5 Records that cannot be found or do not exist

If Impression Signatures has searched for a record and it is believed that the record either does not exist or cannot be found, the requester will be notified by way of an affidavit or affirmation. This will include the steps that were taken to try to locate the record.

4. Grounds for refusal of access to records and appeal

Grounds for Refusal (Chapter 4):The thirty (30) day period within which the Information Officer is required to reply to a request, as stipulated in the Act, shall commence only once a requester has complied with all the requirements of the Act in requesting access to a record, to the satisfaction of the Information Officer.
Requests may be refused on the following grounds, as set out in the Act: Mandatory protection of privacy of a third party who is a natural person, including a deceased person, which would involve the unreasonable disclosure of personal information of that natural person;

Mandatory protection of commercial information of a third party or Impression Signatures, if the record contains:

Trade secrets of the third party or Impression Signatures;Financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of the third party or Impression Signatures; and
Information disclosed in confidence by a third party to Impression Signatures if the disclosure could put that third party to a disadvantage or commercial competition.

Mandatory protection of certain confidential information of a third party if disclosure of the record would result in a breach of a duty of confidence owed to that party in terms of an agreement;
Mandatory protection of the safety of individuals, and the protection of property;
Mandatory protection of records privileged from production in legal proceedings, unless the legal privilege has been waived; and
Mandatory protection of research information of a third party and of Impression Signatures.

4.2 Appeal

If a requester is aggrieved by the refusal of the Information Officer to grant a request for a record, the requester may, within thirty (30) days of notification of the Information Officer’s decision, apply to court for appropriate relief.

5. Prescribed Fees: Sec 92

Reproduction Fees

The applicable fees (excluding VAT) for reproduction as referred to above are:

Category	Rand
i. For every photocopy of an A4–size page or part thereof	1.10
ii. For every printed copy of an A4-size page or part thereof held on a computer or in electronic form	0.75
iii. For a copy in a computer readable form: a. Compact disc	70.00
iv. A transcription of visual images, for an A4-size page or part thereof	40.00
v. For a copy of visual images	60.00
vi. A transcription of an audio record, for an A4-size page or part thereof	20.00
vii. For a copy of an audio record	30.00

Request Fee

A request fee of R50.00 (excluding VAT) is payable upfront where a requester submits a request for access to information on anybody else other than a requestor.

Access Fee

The applicable fees (excluding VAT) which will be payable are:

Category	Rand
viii. For every photocopy of an A4–size page or part thereof	1.10
ix. For every printed copy of an A4-size page or part thereof held on a computer or in electronic form	0.75
x. For a copy in a computer readable form: a. Compact disc	70.00
xi. A transcription of visual images, for an A4-size page or part thereof	40.00
xii. For a copy of visual images	60.00
xiii. A transcription of an audio record, for an A4-size page or part thereof	20.00
xiv. For a copy of an audio record	30.00

Postage Fee

Where a copy of the record needs to be posted the actual postal fee is payable in addition to the applicable fees.

5. Sharing of Personal Information

Impression Signatures may share personal information with:

Other companies forming part of the EOH group of companies located outside of South Africa;
Services providers who perform services on behalf of the Impression Signatures Group; and
Third party suppliers

Impression Signatures Security measures to protect personal information with:
Impression Signatures takes the security of your data seriously and therefore reasonable technical and organisational measures have been implemented to protect personal information. Impression Signatures has internal policies and controls in place to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed except by our employees in the proper performance of their duties.
Impression Signatures will take steps to ensure that third party providers who process personal information on behalf of Impression Signatures apply adequate safeguards as required in terms POPIA.
Transborder Flows of Personal Information
Impression Signatures may from time to time transfer personal information to another country for the purposes of rendering services to employees and customers. Impression Signatures will take the necessary steps to ensure that services providers and third-party operators are bound by laws, binding corporate rules or binding agreements that provide an adequate level of protection and uphold principles for reasonable and lawful processing of personal information in terms of POPIA.

5.4 Purpose of Processing of Personal Information

Impression Signatures processes Personal Information which includes but it is not limited to the following purposes:

Rendering of services to our customers
Employee administration
Providing or managing any information on products
Transacting with our suppliers
Maintaining customer records
Recruitment purposes
Apprenticeship and bursary purposes
Travel purposes
General administration
Financial and tax purposes
Legal purposes
Health and safety purposes
Visitor access monitoring purposes
Managing the premises and facilities
Investigating of and preventing fraud
Debt recovery and responding to website enquires

5.5 Types of Personal Information:

Categories individuals and juristic entities	Categories of personal information held	Availability
Employees	· ID number · Contact details · Physical and postal address · Date of birth · Age · Disability Information · Employment history · Criminal/background checks · Fingerprints · CVs · Education history · Banking details · Income tax reference number · Remuneration and benefit information (including medical aid, pension/provident fund information) · Details related to employee performance · Disciplinary procedures · Employee disability information · Employee pension and provident fund information · Employee contracts · Employee performance records · Physical access records · CCTV records · Health and safety records · Time and attendance records	Not automatically available
Suppliers/Service Providers	· Entity name · registration number · income tax number · contact details for representative persons · FICA documentation · BBB-EE certificates · Invoices · Contractual documentation	Not automatically available
Directors and Shareholders	· Name · Surname · ID numbers · Financial information as required for statutory reporting	Not automatically available
New Job Applicants	· Name · Surname · Address · Contact details · Email address · Telephone number · Details of qualifications · Skills · Experiences and employment history · Information about your current level of remuneration, including benefit entitlements, whether or not the applicant has a disability for which Impression Signatures needs to make reasonable adjustments during the recruitment process, and information about their entitlement to work in South Africa	Not automatically available
Website Visitors	· Name · Email address · Company name · Job title and telephone number
Visitors	· Physical access records · Electronic access records scans · CCTV records	Not automatically available
Children	· Name · Address and contact details · Birth certificates · Age · Child medical information	Not automatically available