1.1 This Manual has been prepared in accordance with section 51 of the Promotion of Access to Information Act No.2 of 2000 ("PAIA").
1.2 The aim of the Manual is to assist potential Requesters to request access to information (documents, records and/or Personal Information) from iVeri Payment Technologies (Pty) Ltd ("iVeri") as contemplated under PAIA.
1.3 The Manual may be amended from time to time and as soon as any amendments have been affected, the latest version of the Manual will be published and distributed in accordance with PAIA.
1.4 A Requester is invited to contact the Information Officer should he or she require any assistance in respect of the use or content of this Manual.
1.5 The definitions provided in this Manual are solely for the purpose of this Manual and are not to be taken as applicable to PAIA.
The following words or expressions will bear the following meanings in this Manual –
2.1 "Customer" means a natural or juristic person who or which receives services and/or products from iVeri;
2.2 "Data Subject" means the natural or juristic person to whom Personal Information relates;
2.3 "Employee" means any person who works for, or provides services to, or on behalf of iVeri, and receives or is entitled to receive remuneration;
2.4 "EMV Approved" means a payment method that complies with the standard managed by EMVCo, a global technical body that facilitates worldwide interoperability and acceptance of secure payment transactions by managing and evolving the EMV specifications and related testing processes based upon a technical standard for smart payment cards and for payment terminals and automated teller machines which can accept them;
2.5 "Information Officer" means iVeri's designated information officer described in paragraph 5.2 of this Manual;
2.6 "Information Regulator" shall bear the meaning ascribed thereto in POPIA;
2.7 "Manual" means this manual, together with all annexures thereto as amended and made available on the website of iVeri and at the offices of iVeri from time to time;
2.8 "PAIA" means the Promotion of Access to Information Act No. 2 of 2000, together with any regulations published thereunder;
2.9 "POPIA" means the Protection of Personal Information Act No. 4 of 2013, together with any regulations published thereunder;
2.10 "Personal Information" has the meaning ascribed thereto under POPIA;
2.11 "Processing" means any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including –
2.11.1 the collection, receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use;
2.11.2 dissemination by means of transmission, distribution or making available in any other form by electronic communications or other means; or
2.11.3 merging, linking, blocking, degradation, erasure or destruction. For the purposes of this definition, "Process" has a corresponding meaning;
2.12 "Requester" means any person or entity (including any Data Subject) requesting access to a record that is under the control of iVeri; and
2.13 "Third-Party" means any independent contractor, agent, consultant, sub-contractor or other representative of iVeri.
This Manual has been prepared in respect of and applies to, iVeri.
4 how to use PAIA to access information
(Information provided in terms of section 51(1) of PAIA)
4.1 PAIA grants a Requester access to records of a private body if the record is required for the exercise or protection of any rights. If a public body lodges a request in terms of PAIA, the public body must be acting in the public interest.
4.2 Requests in terms of PAIA shall be made in accordance with the prescribed procedures and at the prescribed fees.
4.3 The Information 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.
4.4 The Guide contains a description of, inter alia –
4.4.1 the objects of PAIA and POPIA;
4.4.2 the manner and form of a request for –
4.4.2.1 access to a record of a public body contemplated in section 11; and
4.4.2.2 the assistance available from the Information Officer of a public body in terms of PAIA and POPIA;
4.4.3 the assistance available from the Information Regulator in terms of PAIA and POPIA;
4.4.4 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 –
4.4.4.1 an internal appeal;
4.4.4.2 a complaint to the Information Regulator; and
4.4.4.3 an application with a court against a decision by the Information Regulator; and
4.4.5 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 Information Regulator;
4.4.6 the provisions of section 14 and 51 of PAIA requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual; and
4.4.7 the regulations made in terms of section 92 of PAIA.
4.5 The Guide has been published in various languages on the Information Regulator's website –
4.5.1 The English version of the Guide is accessible here;
4.5.2 The isiXhosa version of the Guide is accessible here; and
4.5.3 The isiZulu version of the Guide is accessible here
4.6 The Guide is also available at the offices of the Information Regulator, during normal working hours, or you may request a copy of the Guide from iVeri by contacting our Information Officer. You may also direct any queries to:
The Information Regulator of South Africa
Physical Address: JD House, 27 Stiemens Street, Braamfontein, Johannesburg, 2001
Postal Address: P.O Box 31533, Braamfontein, Johannesburg, 2017
E-mail: enquiries@inforegulator.org.za/ PAIAComplaints@inforegulator.org.za
Website: https://www.inforegulator.org.za/contact.html
5 overview of the structure and functions of iVeri
5.1 iVeri is incorporated and registered in the Republic of South Africa under registration number 1998/006538/07.
5.3 iVeri is compliant with the Payment Card Industry Data Security Standard ("PCI DSS"), (a payment card industry security requirement for entities that process, transmit and/or store cardholder data) and is also EMV Approved.
(Information required under section 51(1)(a) of PAIA)
|
Name of Body: |
iVeri Payment Technologies (Pty) Ltd |
|
Physical & Postal Addresses: |
Regus Office, 35 Fricker Road, Illovo ,Gauteng, 2196 Suite 352, Private Bag x9, Benmore, Gauteng, 2010 |
|
Head of Body |
Name: Barry Coetzee T:+27 (0)11 269 4017 E: barry@iveri.com |
|
Information Officer
|
Name: Barry Coetzee T: +27 (0)11 269 4017 |
7 iVeri's processing of personal information in terms of popia
(Information required under section 51(1)(c) of PAIA)
7.1 Purpose of iVeri's Processing of Personal Information -
7.1.1 iVeri will process Personal Information only in ways that are for, or compatible with, the business purposes for which the data was collected or that are subsequently authorised by the relevant Data Subject or applicable law.
7.1.2 iVeri will retain Personal Information only for as long as is necessary to accomplish iVeri's legitimate business purposes or for as long as may be permitted or required by applicable law.
7.1.3 We use the Personal Information we collect:
7.1.3.1 for the purposes of providing services to Customers and where relevant, for purposes of doing appropriate Customer onboarding and vetting;
7.1.3.2 for purposes of monitoring the use of iVeri's electronic systems and online platforms by Customers, end-consumers or service providers. iVeri will, from time to time, engage third-party service providers (who will Process the Data Subject's Personal Information on behalf of iVeri) to facilitate this;
7.1.3.3 for purposes of preventing, discovering and investigating non-compliance with any standard or certification issued in respect of providing payment facilitation and acceptance services, including, any internal iVeri policies or procedures which may be updated or implemented from time to time;
7.1.3.4 for the purposes of investigating fraud, or other related matters;
7.1.3.5 in connection with the execution of payment processing / facilitation / acceptance functions;
7.1.3.6 to provide a service to iVeri Customers in terms of relevant services agreements and/or consent forms;
7.1.3.7 for employment-related purposes such as recruitment, administering payroll and carrying out background checks;
7.1.3.8 in connection with internal audit purposes (i.e. ensuring that the appropriate internal controls are in place in order to mitigate the relevant risks, as well as to carry out any investigations where this is required);
7.1.3.9 in connection with external audit purposes;
7.1.3.10 to respond to any correspondence that an iVeri Customer may send to iVeri, including via email or by telephone;
7.1.3.11 to facilitate and process an application by a Data Subject to become a Customer;
7.1.3.12 in order to address Customer or end-consumer complaints in respect of iVeri's products and services;
7.1.3.13 to contact the Data Subject from time to time, where specific consent has been given to follow-up contacts by iVeri or to be put on iVeri's mailing list;
7.1.3.14 for such other purposes to which the Data Subject may consent from time to time; and
7.1.3.15 for such other purposes as authorised and in compliance with the applicable law.
7.2 iVeri will not use the Personal Information which we collect for any purposes other than those purposes specified in paragraph 7.1.3 above.
7.3 Categories of Data Subjects and of the Personal Information relating thereto
7.3.1 iVeri collects Personal Information directly from the Data Subject and/or from Third Parties, and where iVeri obtains Personal Information from Third Parties, iVeri will ensure that it obtains the consent of the Data Subject to do so or will only Process the Personal Information without the Data Subject's consent where iVeri is permitted to do so in terms of the applicable laws.
7.3.2 Data Subjects in respect of which Personal Information is Processed include –
7.3.2.1 Customers of iVeri;
7.3.2.2 End-consumers who have utilised an iVeri product or service to facilitate a payment;
7.3.2.3 Service providers appointed by iVeri;
7.3.2.4 Employees;
7.3.2.5 New job applicants;
7.3.2.6 Directors and shareholders;
7.3.2.7 Website visitors;
7.3.2.8 Beneficiaries of employees (including children).
7.3.3 Examples of Third Parties from whom Personal Information is collected include; our Customers when iVeri handles Personal Information on their behalf; regulatory bodies; other companies providing services to iVeri and where iVeri makes use of publicly available sources of information.
7.4 The Personal Information relating thereto is as follows:
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Data Subjects |
Personal Information |
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Employees |
· ID number · Contact details · Physical and postal address · Date of birth · Age · Disability · Information · Employment history · Criminal/background checks · 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 · Health and safety records
|
|
Suppliers/Service Providers |
· Entity name · registration number · income tax number · contact details for representative persons · FICA documentation · BBB-EE certificates · Invoices · Contractual documentation |
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Directors and Shareholders |
· Name, Surname, ID numbers, financial information as required for statutory reporting |
|
New Job Applicants |
· Name · Surname · Address · Contact details · Email address · Telephone number · Details of qualifications · Skills · Criminal/background checks
· Experiences and employment history · Information about an applicant's current level of remuneration, including benefit entitlements, whether or not they have a disability for which iVeri needs to make reasonable adjustments during the recruitment process, and information about their entitlement to work in South Africa |
|
Website Visitors |
· Name · Email address · IP address · Job title and telephone number |
|
Children |
· Name · Identity number · Address and contact details |
|
Customers |
Contact information – · name, address, phone, email, date of birth, national ID /passport number, biometric and other identifying information. Financial information – · bank account numbers and credit card numbers linked to the Customer's iVeri account. |
|
End-consumers using an iVeri product or service from a Customer |
· name, phone, email, bank account numbers and credit card numbers linked to the Customer's iVeri account. |
7.5 Recipients or categories of recipients to whom Personal Information may be supplied
7.5.1 iVeri may be required to disclose Personal Information in response to a court order, subpoena, civil discovery request, other legal process, or as otherwise required by law as per statutory authorities and/or the lawful order of any Court or Tribunal. We may disclose Personal Information when we believe disclosure is necessary to comply with the law or to protect the rights, property, or safety of iVeri, our Customers, or others.
7.5.2 iVeri will comply with POPIA before transferring Personal Information to a Third-Party who is a contractor of iVeri. Before transferring Personal Information to a Third-Party contractor, such as an authorised service provider, iVeri will obtain assurances from the Third-Party that it will process Personal Information in a manner consistent with POPIA. Where iVeri learns that a Third-Party contractor is using or disclosing Personal Information in a manner contrary to POPIA, iVeri will take reasonable steps to prevent such use or disclosure.
7.5.3 We reserve the right to disclose and transfer a Data Subject's information, including their Personal Information in connection with a corporate merger, consolidation, the sale of substantially all of our membership interests and/or assets or other corporate change, including to any prospective purchasers.
7.6 Planned Transborder Flows of Personal Information
7.6.1 In carrying out any cross-border transfers, iVeri shall adhere to the provisions of POPIA and any applicable laws.
8 Information Security Measures
8.1.1 The security and confidentiality of Personal Information is important to iVeri. We have implemented reasonable technical, administrative, and physical security measures to protect Personal Information from unauthorised access or disclosure and improper use.
8.1.2 We are committed to ensuring that our security measures that protect your Personal Information are continuously reviewed and updated where necessary.
8.1.3 In Processing any Personal Information, iVeri shall comply with the following minimum technical and organisational security requirements:
8.1.3.1 Employee Training – All Employees with access to Personal Information are kept up-to-date on our security and privacy practices. After a new policy is added, these Employees are notified and/or reminded about the importance we place on privacy, and what they can do to enhance protection for the Personal Information of all Data Subjects.
8.1.3.2 unique User Identification – Employees each have a unique user ID assigned to them, subject to strict confidentiality undertakings in terms of iVeri's internal policies and procedures related to same.
8.1.3.3 Passwords – iVeri shall ensure that there are passwords required for any access to Personal Information in line with its password policy.
8.1.3.4 Physical access and privileges – iVeri ensures that access to Personal Information is limited to Employees on a "need to know" basis, and iVeri Employees are required to strictly utilise their unique user ID and applicable passwords to access same. The access to such Personal Information shall be subject to a two-step authorization/authentication process.
8.1.3.5 Back-ups – iVeri ensures that all Personal Information is backed-up regularly, based on operational or legal requirements, and that backup testing is conducted regularly in order to ensure that Personal Information can be recovered in the event that such Personal Information is lost, damaged or destroyed.
8.1.3.6 Malware protection – iVeri ensures that its environment has comprehensive malware protection software employed, which software is specifically designed to protect iVeri from the most recent malware infections.
8.1.3.7 Vulnerability scanning – iVeri frequently conducts vulnerability scanning in order to assess whether Personal Information is adequately protected from external threats.
8.1.3.8 Network configuration – iVeri continuously monitors all designated networks, employs intrusion detection systems and/or intrusion prevention systems, and records any security incidents.
8.1.3.9 Systems Review – iVeri conducts regular reviews of its technical and organisational security measure system in order to ensure that all of the above security measures are functioning effectively and applied consistently.
8.1.3.10 Encryption protocols – iVeri ensures that all Personal Information is encrypted by using various tools and protocols in conjunction with the requirements of an applicable law or standard.
9 Information held by iVeri in terms of PAIA
(Information required under section 51(1)(e) of PAIA)
This section of the Manual sets out the categories and descriptions of records held by iVeri. The inclusion of any category of records should not be taken to mean that records falling within that category will be made available under PAIA. In particular, certain grounds of refusal as set out in PAIA may be applicable to a request for such records.
9.1 Internal records
The following are records pertaining to iVeri’s own affairs and those of its divisions and associated companies -
9.1.1 Memorandum and Articles of Association;
9.1.2 Financial records;
9.1.3 Operational records;
9.1.4 Intellectual property;
9.1.5 Marketing records;
9.1.6 Internal correspondence;
9.1.7 Product records;
9.1.8 Statutory records;
9.1.9 Banking records;
9.1.10 Transaction records;
9.1.11 Logos;
9.1.12 Internet Website;
9.1.13 Internal policies and procedures; and
9.1.14 Records held by officials of iVeri.
9.2 Personnel records - Personnel refers to any person who works for or provides services to or on behalf of iVeri and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of iVeri. This includes, without limitation, members, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following -
9.2.1 Any records a third party has provided to iVeri about any of their personnel;
9.2.2 Conditions of employment and other personnel-related contractual and quasi-legal records;
9.2.3 Internal evaluation records;
9.2.4 Other internal records and correspondence; and
9.2.5 Training schedules and material.
9.3 Customer records
Please be aware that iVeri is very concerned about protecting the confidential information of its Customers. Please motivate any request for Customer information very carefully, having regard to Sections 63 to 67 of the Act. Customer information includes the following -
9.3.1 Any records a Customer has provided to iVeri;
9.3.2 Contractual information;
9.3.3 Credit information and other research conducted in respect of Customers;
9.3.4 Any records a third party has provided to iVeri about Customers;
9.3.5 Confidential, privileged, contractual and quasi-legal records of customers;
9.3.6 Customer evaluation records;
9.3.7 Customer profiling;
9.3.8 Performance research conducted on behalf of Customers or about Customers;
9.3.9 Any records a Third Party has provided to iVeri either directly or indirectly; and
9.4 Technical records
9.4.1 Procedures;
9.4.2 Specifications;
9.4.3 Standards;
9.4.4 Forms;
9.4.5 Guidelines;
9.4.6 Work Instruction Sheets; and
9.4.7 Memos.
9.5 Other Parties
Records are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures and service providers. In addition, such other parties may possess records, which can be said to belong to iVeri. The following records fall under this category:
9.5.1 Personnel, Customer or iVeri records which are held by another party as opposed to being held by iVeri; and
9.5.2 Records held by iVeri pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer.
9.6 End-Consumer Records
9.6.1 Records generated by or within iVeri including the transactional records of end-consumers.
9.7 Other Records
Further records are held including:
9.7.1 Information relating to iVeri ’s own commercial activities;
9.7.2 Research information belonging to iVeri, whether carried out itself or commissioned from a third party;
9.7.3 Contracts and agreements.
10 Information kept by iVeri in accordance with other legislation
(Information required under section 51(1)(b)(iii) of PAIA)
10.1 Where applicable, records are kept in accordance with the legislation applicable to iVeri, which includes but is not limited to, the following:
10.1.1 Banks Act 94 of 1990
10.1.2 Basic Conditions of Employment Act 75 of 1997
10.1.3 Broad-Based Black Economic Empowerment Act 53 of 2003
10.1.4 Civil Proceedings Evidence Act, 1965 (Act 25 of 1965)
10.1.5 Companies Act 71 of 2008
10.1.6 Compensation for Occupational Injuries and Diseases Act 130 of 1993
10.1.7 Competition Act 89 of 1998
10.1.8 Constitution of the Republic of South Africa, 1996
10.1.9 Consumer Protection Act 68 of 2008
10.1.10 Criminal Procedure Act 51 of 1977;
10.1.11 Customs and Excise Act 91 of 1964;
10.1.12 Cybercrimes Act 19 of 2020;
10.1.13 Deeds Registries Act 57 of 1937;
10.1.14 Debt Collectors Act 114 of 1998;
10.1.15 Electronic Communications and Transactions Act 25 of 2002
10.1.16 Employment Equity Act 55 of 1998
10.1.17 Finance Act 2 of 2007;
10.1.18 Income Tax Act 58 of 1962;
10.1.19 Insolvency Act 24 of 1936;
10.1.20 Labour Relations Act 66 of 1995;
10.1.21 National Credit Act 34 of 2005;
10.1.22 National Payment System Act 78 of 1998;
10.1.23 Occupational Health and Safety Act 85 of 1993;
10.1.24 Patents Act 57 of 1987;
10.1.25 Pension Funds Act 24 of 1956;
10.1.26 Protection of Personal Information Act 4 of 2013;
10.1.27 Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002;
10.1.28 Skills Development Act 97 of 1998;
10.1.29 South African Revenue Service Act 34 of 1997;
10.1.30 Tax Administration Act 28 of 2011;
10.1.31 Tax on Retirement Funds Act 38 of 1996;
10.1.32 Trademarks Act 194 of 1993;
10.1.33 Unemployment Insurance Act 63 of 2001; and
10.1.34 Value Added Tax Act 89 of 1991.
10.2 Records kept in terms of the above legislation may, in certain instances (and insofar as the information contained therein is of a public nature) be available for inspection without a person having to request access thereto in terms of PAIA.
11.1 Records, whether specifically listed in this Manual or not, will only be made available subject to the provisions of PAIA.
11.2.1 The Requester must use the prescribed form to make the request for access to a record, which form is attached hereto as Annexure "A". This must be made to the Information Officer at the address or electronic mail address of the body concerned (see s 53(1) of PAIA).
11.2.2 The Requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the Requester. The Requester should also indicate which form of access is required and specify a postal address, fax number in the Republic or email address. The Requester should also indicate if, in addition to a written reply, any other manner is to be used to inform the Requester and state the necessary particulars to be so informed (see s 53(2)(a) and (b) and (c) and (e) of PAIA).
11.2.3 The Requester must identify the right that is sought to be exercised or protected and provide an explanation of why the requested record is required for the exercise or protection of that right (see s 53(2)(d) of PAIA).
11.2.4 If a request is made on behalf of another person, the Requester must submit proof of the capacity in which the Requester is making the request to the satisfaction of the head of the private body (See s 53(2)(f) of PAIA).
11.3.1 Request fees:
11.3.1.1 The Information Officer must by notice require the Requester to pay the prescribed request fee (if any) before further processing the request (see s 54(1) of PAIA).
11.3.1.2 The fee that the Requester must pay to a private body is outlined below. The Requester may lodge an application to the court against the tender or payment of the request fee (See section 54(3)(b) of PAIA).
11.3.2 Access fees and fees for reproduction:
11.3.2.1 If access to a record/s is granted by iVeri, the Requester may be required to pay an access fee for the search for and preparation of the records and for re-production of the record/s.
11.3.2.2 The access fees which apply are set out below. iVeri can refuse access until such access fees have been paid.
|
Description |
Amount |
|
|
1. |
Request fee, payable by every requester |
R140.00 |
|
2. |
Photocopy or printed black & white copy for every A4 page |
R2.00 per page or part of the page |
|
3. |
A printed copy of A4-size page |
R2.00 per page or part of the page |
|
4. |
For a copy in a computer-readable form on:
|
R40.00
R40.00 R60.00 |
|
5. |
For a transcription of visual images, for an A4-size page or part of the page |
This service will be outsourced. The fee will depend on the quotation from the service provider. |
|
6. |
For a copy of visual images |
This service will be outsourced. The fee will depend on the quotation from the service provider. |
|
7. |
For a transcription of an audio record, per A4-size page |
R24.00 |
|
8. |
For a copy of an audio record on a flash drive (provided by the requester)
For a copy of an audio record on compact disc (CD) if the requester provides the CD to us For a copy of an audio record on a compact disc (CD) if we give the CD to the requester |
R40.00
R40.00 R60.00 |
|
9. |
For each hour or part of an hour (excluding the first hour) reasonably required to search for, and prepare the record for disclosure The search and preparation fee cannot exceed |
R145.00
R435.00 |
|
10. |
Deposit: if the search exceeds 6 hours |
One-third of the amount per request. It is calculated in terms of items 2 to 8 above. |
|
11. |
Postage, email or any other electronic transfer |
Actual expense, if any. |
11.4 Decision on request
11.4.1 After the Information Officer has made a decision on the request, the Requester will be notified using the required form.
11.4.2 If the request is granted then a further access fee must be paid for reproduction and for search and preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure (see s 54(6) of PAIA).
12 timelines for consideration of a request
12.1 Requests for access by a Requestor will be processed within 30 days unless the request contains considerations that are of such a nature that an extension of the 30-day time limit is necessary. Such considerations include –
12.1.4 more than one of the circumstances contemplated in paragraphs 12.1.1, 12.1.2 and 12.1.3, exist in respect of the request making compliance with the original period not reasonably possible; or
12.1.5 the Requester consents in writing to such extension.
12.2 If an extension is necessary, you will be notified with reasons for the extension. If the Information Officer fails to communicate a decision on a request, such a request is then deemed to have been refused.
13 grounds for refusal of access to records
13.1 Requests for access by a Requestor must be refused by the Information Officer if –
13.1.1 the disclosure would involve the unreasonable disclosure of personal information about a third party (natural person), including a deceased individual (see section 63 of PAIA);
13.1.2 the record contains (a) trade secrets of a third party, (b) financial, commercial, scientific or technical information, other than trade secrets, of a third party, the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party, or (c) information supplied in confidence by a third party the disclosure of which could reasonably be expected to put that third party at a disadvantage in contractual or other negotiations; or to prejudice that third party in commercial competition (see section 64 of PAIA);
13.1.3 the disclosure of the record would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement (see section 65 of PAIA);
13.1.4 the disclosure could reasonably be expected to endanger the life or physical safety of an individual (see section 66(a) of PAIA);
13.1.5 the record is privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege (see section 67 of PAIA); or
13.1.6 the record contains information about research being or to be carried out by or on behalf of a third party, the disclosure of which would be likely to expose: (a) the third party; (b) a person that is or will be carrying out the research on behalf of the third party; or (c) the subject matter of the research, to serious disadvantage (see section 69 of PAIA).
13.2 Requests for access by a Requestor may be refused by the Information Officer if –
13.2.1 the disclosure would be likely to prejudice or impair: (i) the security of: (aa) a building, structure or system, including, but not limited to, a computer or communication system; (bb) a means of transport; or (cc) any other property; or (ii) methods, systems, plans or procedures for the protection of: (aa) an individual in accordance with a witness protection scheme; (bb) the safety of the public, or any part of the public; or (cc) the security of property contemplated in subparagraph (i) (aa), (bb) or (cc) (see section 66(b));
13.2.2 the record:
(a) contains trade secrets of iVeri;
(b) contains financial, commercial, scientific or technical information, other than trade secrets, the disclosure of which would be likely to cause harm to the commercial or financial interests of iVeri;
(c) contains information, the disclosure of which could reasonably be expected:
(i) to put iVeri at a disadvantage in contractual or other negotiations; or
(ii) to prejudice iVeri in commercial competition; or
(d) is a computer program, as defined in section 1(1) of the Copyright Act No. 98 of 1978, owned by iVeri, except insofar as it is required to give access to a record to which access is granted in terms of PAIA; or
13.2.3 the record contains information about research being or to be carried out by or on behalf of iVeri, the disclosure of which would be likely to expose: (a) iVeri; (b) a person that is or will be carrying out the research on behalf of iVeri; or (c) the subject matter of the research, to serious disadvantage.
14 remedies available to a requestor on refusal of access
14.1 iVeri does not have any internal appeal procedures that may be followed once a request to access information has been refused.
14.2 The decision of the Information Officer is final.
14.3 If you are not satisfied with the outcome of your request, you are entitled to apply to a court of competent jurisdiction to take the matter further.
15 other information held by iVeri as prescribed
(Other information as may be prescribed under section 51(1)(a)(ii))
The Minister of Justice and Constitutional Development has to date not made any regulations regarding the disclosure of other information.
(Availability of Manual under section 51(3))
16.1 This Manual is available for inspection by the general public upon request, during office hours and free of charge, at the offices of iVeri. Copies of the Manual may be made, subject to the prescribed fees.
16.2 Copies may also be requested from the Information Regulator.
17 PRESCRIBED FORMS AND FEE STRUCTURE
(Prescribed forms and fee structure in respect of private bodies)
The forms prescribed under PAIA are available on the Information Regulator's website at https://inforegulator.org.za/paia-forms/
ANNEXURE "A" –PRESCRIBED FORM TO MAKE A REQUEST FOR ACCESS
REQUEST FOR ACCESS TO A RECORD IN TERMS OF SEC 53(1) of the PROMOTION OF ACCESS TO INFORMATION ACT 2 of 2000
1. Particulars of Private Body requesting access to the record:
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Contact details: |
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Chief Executive Officer (as defined in the Act) |
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Information Officer |
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Postal address |
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Physical address |
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Phone number |
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Fax number |
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E-mail address |
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Website address |
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2. Particulars of an individual person requesting access to the record
• The particulars of the person who requests access to the record must be recorded below.
• Furnish an address and/or fax number in the Republic of South Africa to which information must be sent.
• Proof of identity is required from both the requester and any person or any party acting on behalf of the requester. The original identity document or such other proof satisfactory to the Chief Executive Officer or Information Officer will need to be
presented with this request by the requester or the requester’s representative
before the request will be processed.
• If the request is made on behalf of another person, proof of the capacity in which the request is made is also to be presented with this request
DETAILS OF REQUESTER
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Surname |
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Full names |
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Identity number |
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Postal address |
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Telephone number |
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Fax number |
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E-mail address |
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If a request is made on behalf of another person the requester is obliged to identify him / herself and to provide proof of the mandate under which the request is made, to the satisfaction of the Information Officer.
3. Particulars of the person on whose behalf request is made
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Surname |
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Name |
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Identity number |
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4. 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 is inadequate, please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
• The requester’s attention is drawn to the grounds on which the private body must or may refuse access to a record (in certain instances this may be mandatory, in others, it may be discretionary):
- Mandatory protection of the privacy of a third party who is a natural person (human being);
- Mandatory protection of certain confidential information of a third party;
- Mandatory protection of commercial information of the third party;
- Mandatory protection of the safety of individuals, and the protection of property;
- Mandatory protection of records privileged from production in legal proceedings;
- Commercial information of a private body;
- Mandatory protection of research information of a third party and a private body.
DESCRIPTION OF RECORD AND/OR PART OF RECORD
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Description of record |
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Notes to Particular of record:
• Your indication as to the required form of access depends 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.
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Mark the appropriate box with an “X”. |
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1. If the record is in written or printed form - |
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copy of record* |
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inspection of record |
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2. If the record consists of visual images - (This includes photographs, slides, video recordings, computer-generated images, sketches, etc.) |
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view the images |
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copy of the images* |
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transcription of the images* |
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3. If the record consists of recorded words or information which can be reproduced in sound - |
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listen to the soundtrack (audio cassette) |
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transcription of soundtrack* (written or printed document) |
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4. If the record is held on a computer or in an electronic or machine-readable form - |
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a printed copy of the record* |
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a printed copy of the information derived |
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copy in computer-readable format* |
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Do you wish the copy or transcription to be posted to you? Note: If you requested a copy or transcription of a record (above), a postal fee is payable. |
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No |
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5. Fees
• 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.
• If the prescribed request fee is amended, 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.
• If you qualify for exemption of the payment of any fee, please state the reason, therefore.
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The requester qualifies for an exemption in payment of fees (mark the appropriate box) |
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No |
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Reason |
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6. Form of access to a record
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If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 hereunder, state your disability and indicate in which form the record is required. |
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Disability: |
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Form in which record is required? |
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7. Details of the right to be exercised and/or protected.
Indicate which right is to be exercised or protected *
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Explain why the requested record is required for the exercising or protection of the aforementioned right *
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* NOTE:
If the provided space is inadequate please continue on a separate folio and attach it to this form. The requester must sign all the additional folios.
8. Notice of decision regarding a request for access
You will be notified in writing whether your request has been approved/denied. If you wish to be informed thereof in another manner, please specify the manner and provide the necessary particulars to enable compliance with your request.
How would you prefer to be informed of the decision regarding your request for access to the record?
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9. Signatures
Signed at this day of 20
SIGNATURE OF REQUESTER
(sign & print name)
SIGNATURE OF REPRESENTATIVE
(sign & print)