PAIA AND POPIA MANUAL
OF
Kinetic Skunk IT Solutions (Pty) Ltd
Registration Number: 2021/600548/07
VAT Number: 4520275522
in terms of Section 51 of
the Promotion of Access to Information Act No. 2 of 2000
as amended (“PAIA”)
and Section 55 of the Protection of Personal Information Act No. 4 of 2013 as amended
(“POPI Act”)
TABLE OF CONTENTS
1. LIST OF ACRONYMS AND ABBREVIATIONS
2. PURPOSE OF THE MANUAL
3. SECTION 51(1)(A): COMPANY CONTACT DETAILS
4. SECTION 51(1)(C): RELEVANT LEGISLATION
5. RECORDS AUTOMATICALLY AVAILABLE TO THE PUBLIC
6. RECORDS OF THE PRIVATE BODY
7. PROCESSING OF PERSONAL INFORMATION
7. AVAILABILITY OF THE MANUAL
8. UPDATING OF THE MANUAL
9. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE
10. FORM OF REQUEST: PAIA SECTION 18 AND 53 (1) (ALSO APPLICABLE TO POPI ACT SECTION 23)
1. LIST OF ACRONYMS AND ABBREVIATIONS
1.1 “DIO” Deputy Information Officer. 1.2 “IO“ Information Officer.
1.3 “Minister” Minister of Justice and Correctional Services.
1.4 “PAIA” Promotion of Access to Information Act No. 2 of 2000(as Amended)
1.5 “POPIA” Protection of Personal Information Act No.4 of 2013.
1.6 “Regulator” Information Regulator; and
1.7 “Republic” Republic of South Africa
2. PURPOSE OF THE 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, however recognises that such right to access to information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to:
- Limitations aimed at the reasonable protection of privacy;
- Commercial confidentiality;
- Effective, efficient and good governance.
And in a manner that balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.
Wherever reference is made to “Private Body” in this manual, it will refer to Kinetic Skunk IT Solutions (Pty) Ltd.
This PAIA Manual is useful for the public to-
2.1. check the categories of records held by a body which are available without a person having to submit a formal PAIA request;
2.2. 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;
2.3. know the description of the records of the body which are available in accordance with any other legislation;
2.4. 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;
2.5. know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;
2.6. 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;
2.7. know the description of the categories of data subjects and of the information or categories of information relating thereto;
2.8. know the recipients or categories of recipients to whom the personal information may be supplied;
2.9. 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 PAIA AND POPIA MANUAL FOR KINETIC SKUNK (PTY) LTD. Page 5 of 14
2.10. 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. SECTION 51(1)(A): COMPANY CONTACT DETAILS
3.1 Chief Information Officer
Name: Tanya Thomas
Tel: 021 300 6295
Email: [email protected]
3.2 Deputy Information Officer
Name: Mokabai Phaaroe
Tel: 021 300 6295
Email: [email protected]
3.3 Access to information general contacts
Email: [email protected]
3.4 National or Head Office
Postal Address: Ebden House, Belmont Office Park, Rondebosch, 7700
Physical Address: Same as above
Telephone: 021 300 6295
Email: [email protected]
Website: https://www.kineticskunk.com
4. SECTION 51(1)(C): RELEVANT LEGISLATION
Records are available in accordance with the following current South African legislation and any amendments thereof
| ACT | REFERENCE |
|---|---|
| Auditing Professions Act | No 26 of 2005 |
| Basic Conditions of Employment Act | No. 75 of 1997 |
| Broad-Based Black Economic Empowerment Act | No. 53 of 2003 |
| Companies Act | No. 71 of 2008 |
| Constitution of the Republic of South Africa | No. 108 of 1996 |
| Electronic Communications and Transactions | Act No. 36 of 2005 |
| Employment Equity Act | No. 55 of 1998 |
| Financial Intelligence Centre Act | No. 38 of 2001 |
| Identification Act | No 68 of 1962 |
| Income Tax Act | No. 58 of 1962 |
| Labour Relations Act | No. 66 of 1995 |
| Medical Schemes Act | No. 131 of 1998 |
| National Credit Act | No. 34 of 2005 |
| National Health Act | No. 61 of 2003 |
| Occupational Health and Safety Act | No. 85 of 1993 |
| Protection of Personal Information Act | No. 4 of 2013 |
| Promotion of Access to Information Act | No. 2 of 2000 |
| Skills Development Act | No. 97 of 1998 |
| Skills Development Levies Act | No. 9 of 1999 |
| Unemployment Insurance Contributions Act | No. 4 of 2002 |
| Value Added Tax Act | No. 89 of 1991 |
5. RECORDS AUTOMATICALLY AVAILABLE TO THE PUBLIC:
| CATEGORY | RECORDS |
|---|---|
| Company Records | PAIA and POPIA Manual Privacy Policy |
6. RECORDS OF THE PRIVATE BODY
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 subject and categories. It is recorded that the accessibility of the documents listed below, may be subject to grounds of refusal set out hereunder.
| Category | Records |
|---|---|
| CEO’s office | The records kept in this office include the following categories:
|
| Operational Documents & Records | These include, but is not limited to:
|
| Accounting | Our Accounting services provider maintains records comprising the following main categories:
|
| Human Capital Department | Records maintained in this department consist of the following:
|
| IT Governance and compliance | Records comprise the following main categories:
|
| Marketing and communications | Marketing records consist of the following main categories:
|
7. PROCESSING OF PERSONAL INFORMATION
7.1. Purpose of Processing of Personal Information
Kinetic Skunk 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 Kinetic Skunk IT Solutions, a third party or the data subject; or
- As directed by the data subject.
7.2. Description of the categories of Data Subjects, the information or categories of information relating thereto and the purposes for which the information is processed.
| CATEGORIES OF DATA SUBJECTS | PERSONAL INFORMATION THAT MAY BE PROCESSED | PROCESSING PURPOSES |
|---|---|---|
| Customers / Ctdents | Names Registration number, Vat numbers, Email address, Physical location, Telephone Number |
Customer sales, service and support Accounting |
| Service Providers/ Supptders | Names Registration number, Vat numbers, Email address, physical address, Telephone Number, Banking details |
Payroll Comptdance |
| Employees | Physical address Identification Number Telephone number Confidential Correspondence Education history Employment history Email address Financial & banking details Location information Name, together with other identifying information |
Payroll Human Resources Health and Safety Pre-employment screenings Quatdfications verifications Criminal records checks Credit/ITC checks Reference checks Comptdance Legal matters |
7.3. The recipients or categories of recipients to whom the personal information may be supplied
Kinetic Skunk 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.
| Category of personal information | Recipients or Categories of Recipients to whom the personal information may be supplied |
|---|---|
| Identity number and names, for criminal checks | MIE |
| Identity number, names, email address, banking details, length of service for payroll purposes’ | Simple Pay |
| Client, Employee and Service Providers for task management and office administration purposes. | External Software Service Providers |
| Employee information for assistance with: BBBEE purposes; and Labour disputes and hearing | SEESA (Labour & BBBEE consultants) |
| Client, Service Provider and Employee information for Accounting purposes | Real Time (Xero) |
| Employee information for HR management purposes | External Service Provider |
7.4. Planned transborder flows of personal information
Kinetic Skunk 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 does so. Some recipients of your Personal Data are located in countries such as the United States of America and Europe.
Pursuant to the provisions of Section 72 of POPIA, We will only transfer your personal information outside the South African borders if we have established that all other 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 organizational security measures are in place to protect Personal Data against accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access, and against all other unlawful forms of processing.
7.5. General description of Information Security Measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information
To ensure the confidentiality and integrity of all personal information under the care of Kinetic Skunk 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
7. PROCESSING OF PERSONAL INFORMATION
7.1. Purpose of Processing of Personal Information
Kinetic Skunk 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 Kinetic Skunk IT Solutions, a third party or the data subject; or
- As directed by the data subject.
7.2. Description of the categories of Data Subjects, the information or categories of information relating thereto and the purposes for which the information is processed.
7.3. The recipients or categories of recipients to whom the personal information may be supplied
Kinetic Skunk 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
Kinetic Skunk 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 does so. Some recipients of your Personal Data are located in countries such as the United States of America and Europe.
Pursuant to the provisions of Section 72 of POPIA, We will only transfer your personal information outside the South African borders if we have established that all other 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 organizational security measures are in place to protect Personal Data against accidental or unlawful destruction, accidental loss or alteration, unauthorized disclosure or access, and against all other unlawful forms of processing.
7.5. General description of Information Security Measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information
To ensure the confidentiality and integrity of all personal information under the care of Kinetic Skunk 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
8.1. A copy of the Manual is available-
8.1.1. At https://www.kineticskunk.com
8.1.2. At the physical office of Kinetic Skunk IT Solutions (Pty) Ltd for public inspection during normal business hours;
8.1.3. to any person upon request and upon the payment of a reasonable prescribed fee; and
8.1.4. to the Information Regulator upon request.
8.2. 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. UPDATING OF THE MANUAL
The Information Officer will on a regular basis update this manual.
10. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE
10.1. 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.
10.2. The Guide is available in each of the official languages and in braille.
10.3. The aforesaid Guide contains the description of-
10.3.1. The objects of PAIA and POPIA;
10.3.2. The postal and street address, phone and electronic mail address of the Information Officer and Deputy Information Officer designated in terms of section 17(1) of PAIA1 and section 56 of POPIA2;
10.3.3. The manner and form of a request for access to a record of Kinetic Skunk IT Solutions (Pty) Ltd. as contemplated in section 503;
10.3.4. The assistance available from the Regulator in terms of PAIA and POPIA;
10.3.5. 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 or public body.
10.3.6. The provisions of sections 144 and 515 requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
10.3.7. the provisions of sections 156 and 527 providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
10.3.8. the notices issued in terms of sections 228 and 549 regarding fees to be paid in relation to requests for access; and 10.3.9. the regulations made in terms of section 9210.
10.4. 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.
10.5. The Guide can also be obtained-
10.5.1. upon request to the Information Officer;
10.5.2. from the website of the Regulator (https://www.justice.gov.za/inforeg/).
10.6 A copy of the Guide is also available in two official languages (English and Afrikaans), for public inspection during normal office hours.
1 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.
2 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.
3 Section 50(1) of PAIA- A requester must be given access to any record of a private body if-
a) that record is required for the exercise or protection of any rights;
b) that person complies with the procedural requirements in PAIA relating to a request for access to that record; and
c) access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of this Part.
4 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.
5 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.
6 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
7 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
8 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.
9 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.
10 Section 92(1) of PAIA provides that –“The Minister may, by notice in the Gazette, make regulations regarding-
(a) any matter which is required or permitted by this Act to be prescribed;
(b) any matter relating to the fees contemplated in sections 22 and 54;
(c) any notice required by this Act;
(d) 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
(e) any administrative or procedural matter necessary to give effect to the provisions of this Act.”
11. FORM OF REQUEST: PAIA SECTION 18 AND 53 (1) (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), available via written request to Kinetic Skunk’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) and the manner and particulars thereof;
- 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
Tanya Thomas
IT & Service Delivery Manger