PAIA Manual

01

Introduction & Details of the Private Body

The Promotion of Access to Information Act 2 of 2000 (“PAIA”) gives effect to the constitutional right of access to information held by the State and by other persons, including private bodies, that is required for the exercise or protection of any rights.

SASOM is a voluntary association of medical practitioners with a special interest in occupational medicine. It is a juristic person at common law and falls within the definition of a “private body” in section 1 of PAIA.

02

Information Officer & Deputy

In a voluntary association, the head of the private body is the person who exercises effective control over its affairs. For SASOM, that office is the Chair of the Executive Committee, who acts as Information Officer. A Deputy Information Officer has been designated to receive and process requests in the absence of the Information Officer.

All correspondence relating to PAIA or POPIA requests should be marked “For the attention of the Information Officer — PAIA Request”.

The registered office is used for correspondence and service only and is not staffed for walk-in visits. Hand-delivery is by prior appointment only.

03

Guide on the Use of PAIA

In terms of section 10 of PAIA, the Information Regulator (South Africa) has compiled a Guide containing information reasonably required by any person who wishes to exercise a right under PAIA or POPIA. The Guide is available in each of the official languages of the Republic and may be obtained from the Information Regulator. SASOM will, upon written request, assist a requester to obtain a copy of the Guide.

At the date of issue of this manual, no notice in terms of section 52(2) of PAIA has been published in respect of SASOM declaring categories of records to be automatically available. Should such a notice be published in future, this manual will be updated accordingly.

04

Records Automatically Available

The following categories of records held by SASOM are made available to the public without the need to submit a formal PAIA request. They may be obtained from the SASOM website or, where not published online, by written request to the SASOM National Office:

• The SASOM Constitution and other governance documents approved by the Annual General Meeting
• Information regarding categories of membership, application requirements, and subscription fees
• The SASOM calendar of Continuing Professional Development (CPD) events, congresses, workshops, and webinars
• General information about the activities, objectives, and structure of SASOM published on www.sasom.org
• Promotional and educational material distributed by SASOM in the ordinary course of its activities

All other records held by SASOM are accessible only by way of a formal PAIA request, subject to the grounds for refusal set out below.

05

Categories of Records Held by SASOM

In compliance with section 51(1)(e) of PAIA, the categories of records held by SASOM, and the subjects on which the body holds records, are described by category below.

Retention

SASOM retains records only for as long as required for the purpose for which they were collected, or as required by law (including the Tax Administration Act 28 of 2011 and the Income Tax Act 58 of 1962, which require certain records to be retained for at least five years). Active membership and operational records are routinely retained only for the current and immediately preceding membership year. Records of Annual General Meetings are retained for the year in question and the immediately preceding AGM. Older records are routinely destroyed or anonymised in accordance with SASOM's internal retention practice, save where the law requires longer retention.

Records held in terms of other legislation

In addition to records held in the course of its own activities, SASOM holds certain records as required by, or for the purposes of, the Tax Administration Act 28 of 2011; the Income Tax Act 58 of 1962; the Value-Added Tax Act 89 of 1991 (where applicable); the Basic Conditions of Employment Act 75 of 1997, the Labour Relations Act 66 of 1995, and the Unemployment Insurance Contributions Act 4 of 2002 (in respect of persons engaged by SASOM, if any); the Protection of Personal Information Act 4 of 2013; and the Promotion of Access to Information Act 2 of 2000.

06

Procedure for Requesting Access

A request for access to a record held by SASOM must be made on the prescribed Form 02 published as Annexure B to the Regulations regarding the Promotion of Access to Information (GN R757 in Government Gazette 45057 of 27 August 2021). The form is available on the website of the Information Regulator or on request from the SASOM Information Officer.

Information required from the requester

• Sufficient particulars to enable the Information Officer to identify the record and the requester
• The form of access required (e.g. a copy, an inspection, or a transcription)
• The postal address or fax/email address of the requester in the Republic
• If the requester is requesting access in a particular language, the language required
• If the requester wishes to be informed of the decision in any manner other than written reply, the manner and particulars required
• If the request is made on behalf of another person, proof of the capacity in which the requester acts
• If the request is made to exercise or protect a right, an explanation of that right and why the record is required for that purpose

Submission

Completed request forms must be submitted to the Information Officer, together with the prescribed request fee, by post or email. Hand-delivery is by prior appointment only.

Decision on the request

Section 56 of PAIA requires that the Information Officer, as soon as reasonably possible but in any event within 30 days of receipt of a properly completed request, either grant or refuse the request, and notify the requester accordingly. The 30-day period may be extended by a further 30 days in the circumstances contemplated in section 57 of PAIA. If a request is refused, the requester will be given written reasons and informed of the remedies available.

07

Grounds for Refusal of Access

Chapter 4 of Part 3 of PAIA sets out the grounds on which the Information Officer of a private body must or may refuse a request. SASOM may refuse access in any of the following circumstances:

• Privacy of a third party (s 63) — where disclosure would involve the unreasonable disclosure of personal information of a third party, including a deceased individual
• Commercial information of a third party (s 64) — including trade secrets and financial, commercial, scientific or technical information the disclosure of which would be likely to cause harm to the third party
• Confidential information of a third party (s 65) — supplied to SASOM in confidence
• Safety of individuals & protection of property (s 66)
• Privileged records (s 67) — records privileged from production in legal proceedings
• Commercial activities of SASOM (s 68) — including trade secrets and information the disclosure of which is likely to put SASOM at a disadvantage in negotiations or competition
• Research information (s 69) — of SASOM or of a third party, where disclosure would be likely to expose the researcher or research to serious disadvantage

The mandatory grounds for refusal do not apply where the request is for a record concerning the requester themselves, or where the public interest override contemplated in section 70 of PAIA applies — that is, where disclosure would reveal evidence of a substantial contravention of, or failure to comply with, the law, or an imminent and serious public safety or environmental risk, and the public interest in disclosure clearly outweighs the harm contemplated in the relevant ground.

Without limiting the above, SASOM will not make available records relating to the identity of signatories on its bank accounts, or records relating to its internal operational processes and information. Such records fall within one or more of the grounds in sections 63, 65, and 68 of PAIA.

08

Fees

Fees payable in respect of a request for access to a record of a private body are prescribed in the Regulations regarding the Promotion of Access to Information (GN R757 in Government Gazette 45057 of 27 August 2021), as amended.

The Information Officer will, where reasonably possible, provide a written estimate of the access fee before access is given. Where the estimated fee exceeds the threshold prescribed by the Regulations, the requester may be required to pay a deposit before the request is processed further. Current fee tariffs are available from the Information Regulator or from the SASOM Information Officer on request.

09

Remedies Available to a Requester

PAIA does not provide for an internal appeal against the decision of the Information Officer of a private body. A requester dissatisfied with a decision (including a refusal, a decision on fees or form of access, or a deemed refusal arising from a failure to respond in time) has the following remedies:

10

Processing of Personal Information (POPIA)

This section is included in compliance with section 17 of POPIA. SASOM is a “responsible party” for the purposes of POPIA in respect of the personal information for which it determines the purpose of and means for processing. A full account of SASOM's privacy practices — including lawful basis, cookies, and your rights as a data subject — is set out in the SASOM Privacy Policy. The disclosures below summarise the key POPIA processing information for the purposes of this manual.

Categories of data subjects

• Members and prospective members of SASOM
• Office-bearers, ExCo members, and committee members
• Employees and contractors engaged by SASOM (where applicable)
• Delegates, speakers, exhibitors, and sponsors at SASOM events
• Suppliers, service providers, and their representatives
• Members of the public who interact with SASOM through its website, email, or social media

Categories of personal information processed

• Identifying information — names, surnames, identity or passport numbers, dates of birth
• Contact information — postal and physical addresses, email addresses, telephone numbers
• Professional information — HPCSA registration numbers, qualifications, practice details, areas of expertise, CPD records
• Financial information — banking details (for receiving payments and refunds), subscription and payment history
• Event-related information — attendance records, dietary and accessibility requirements
• Correspondence — electronic communications between SASOM and the data subject

SASOM does not knowingly process special personal information (section 26 of POPIA), save where voluntarily provided by a data subject (for example, dietary or accessibility information disclosed for event purposes) or where processing is otherwise authorised under section 27 of POPIA.

Purposes of processing

Personal information is processed only for specific, explicitly defined, and lawful purposes related to SASOM's functions: administering membership; issuing certificates and recording CPD; organising events; communicating with members and stakeholders; receiving payments and issuing tax certificates; complying with statutory obligations (including under the Tax Administration Act); maintaining SASOM's financial, governance, and operational records; and protecting SASOM's legitimate interests, including in the context of disputes or potential legal proceedings.

Recipients of personal information

Where necessary for the purposes above, personal information may be shared with: SASOM office-bearers, ExCo members, and authorised personnel; operators engaged by SASOM (including external accounting and bookkeeping providers, auditors, IT service providers, conference organisers, and bulk email service providers); professional bodies and statutory regulators where required by law (including the HPCSA); affiliated and partner occupational medicine societies (including ICOH) where members have consented; banks and financial institutions for reconciling payments; SARS and other regulatory authorities where required by law; and courts, tribunals, and law enforcement agencies where required by law or in the protection of SASOM's legitimate interests. SASOM does not sell or commercially exploit personal information.

Cross-border transfers

SASOM transfers personal information across the borders of the Republic in two principal circumstances: to affiliated international occupational medicine bodies (including ICOH) where members have consented or where transfer is otherwise authorised under section 72 of POPIA; and to cloud-based service providers used for email, document storage, event registration, and member communication, the servers of which may be located outside the Republic. SASOM relies on one or more of the grounds in section 72 of POPIA, and obtains consent from data subjects where required.

Security safeguards

In accordance with section 19 of POPIA, SASOM has reasonable technical and organisational measures in place to secure the integrity and confidentiality of personal information, including access controls on electronic and paper-based records, password-protected systems, the use of reputable service providers with appropriate security measures, and confidentiality obligations on operators acting on SASOM's behalf.

Rights of data subjects

Data subjects have the right to be notified of collection or unauthorised access; to request access, correction, destruction, or deletion of their personal information; to object on reasonable grounds to processing and to object to direct marketing by unsolicited electronic communication; to lodge a complaint with the Information Regulator; and to institute civil proceedings. Requests to exercise these rights should be addressed to the Information Officer at the contact details in section 02 above.

11

Updating & Availability of This Manual

This manual will be reviewed and, where necessary, updated by the Information Officer at intervals not exceeding 12 months, or sooner if material changes occur in the affairs of SASOM or in the legislative framework.

• Online — at www.sasom.org (the primary point of access)
• At the registered office — by prior appointment during ordinary office hours, free of charge
• By email or post — on written request to the Information Officer (recommended for any person unable to access the website)

Inspection at SASOM's registered office, by prior appointment, is free of charge. An electronic copy of the manual is available without charge from the website or by email. A printed copy will be provided on request, against payment of the prescribed reproduction fee where applicable.

12

Form of Request for Access to Record

A request for access to a record of SASOM must be made on Form 02 of the Regulations regarding the Promotion of Access to Information (GN R757 in Government Gazette 45057 of 27 August 2021), as amended. The official form is available:

• On the website of the Information Regulator — inforegulator.org.za
• On request from the SASOM Information Officer at office@sasom.org
• At the registered office of SASOM (by prior appointment)

The completed Form 02 must be submitted to the Information Officer at the address in section 02 above, together with the prescribed request fee (where applicable).