Access to
Information Manual

Overview and Introduction

1. The Promotion of Access to Information Act
   1. The Promotion of Access to Information Act, 2 of 2002 (PAIA), was legislated to give effect to the constitutional right of access to information held by the state and information that is held by another person. The Act facilitates access to information that is required to exercise or protect a right.
   2. DATANAMIX SA (Pty) Limited, as a private body defined in the Act, is bound to give effect to the purposes of this legislation and to process a request made in terms of the Act.
   3. This information manual (Manual) provides an outline of the types of records held by DATANAMIX and explains how a request for access to the records should be made.
2. The South African Human Rights Commission
   1. The South African Human Rights Commission (SAHRC) is the national institution established to entrench constitutional democracy and appointed to administer the Act. Should you require further information please see:http://www.sahrc.org.za
3. About DATANAMIX
   1. DATANAMIX SA (Pty) Limited (DATANAMIX) is a privately held company incorporated in and subject to the laws of South Africa. DATANAMIX provides software, hardware and services that integrate physical and digital communications channels.
4. DATANAMIX Access to Information Officer

• How to Access the DATANAMIX Access to Information Manual
  1. The DATANAMIX Access to Information Manual is available on the company website http://www.Datanamix.com and by requesting a copy from the DATANAMIX’ Access to Information Officer. Contact details are provided above.
  2. The Manual may also be inspected at our head office.
  3. Requests for records held by DATANAMIX must be made on the request form found in the link in Appendix A below.
  4. Please note that requests for access to information require payment of the prescribed fees set out in Appendix B below.
  5. The Manual will be updated from time to time, as required.
• Records held by DATANAMIX
  1. DATANAMIX creates and maintains records in the categories set out below. Not all of these records will be available on request. Each request will be individually assessed on a case-by-case basis in accordance with the provisions of the Act.
     1. Internal Records
        1. Financial records;
        2. Operational records;
        3. Marketing records;
        4. Intellectual property records;
        5. Internal correspondence;
        6. Product records;
        7. Statutory records;
        8. Internal policies and procedures;
  2. Records held by officials of DATANAMIX.
     1. Human Resource Records
        1. Human resource records are those relating to employees and other persons that are remunerated by DATANAMIX. This category includes staff and management, both permanent and temporary, as well as consultants and contractors:
        2. Personal records provided to DATANAMIX by the categories of persons mentioned above;
        3. Personal records provided to DATANAMIX by third parties;
        4. Employment and contractor records;
        5. Correspondence;
        6. Conditions of employment and other personnel-related contractual and quasi-legal records;
        7. Internal evaluation records;
  3. Other internal records.
     1. Customer Records
        1. These include any records a customer has submitted to DATANAMIX or a third party acting for or on behalf of DATANAMIX.
        2. Credit records or research conducted by DATANAMIX;
        3. Personal and customer information collected through websites;
        4. Information on customer activities and preferences;
        5. Records a third party has submitted to DATANAMIX either directly or indirectly; and
        6. Records generated by or within DATANAMIX pertaining to customers. This may include, but not be limited to transactional records.
  4. Other Parties and other Records
     1. Records are kept in respect of other parties, including commercial banks, auditors, suppliers, joint venture companies and the like. In addition, such other parties may possess records, which can be said to belong to DATANAMIX. The following records fall under this category:
        1. Personnel, customer, or DATANAMIX’ records which are held by another party as opposed to being held by DATANAMIX; and
        2. Records held by DATANAMIX pertaining to other parties. This may include, but not be limited to, financial records, correspondence and contractual records.
  5. Prior to Submitting a Request for Access Information
     1. Prior to submitting a request for access to information, please consider the steps outlined below.
        1. Does the Promotion of Access to Information Act Apply
           1. Before you can request access to information, it must be established that PAIA applies.
           2. Section 7 (1) of the Act states that PAIA does not apply to a record if the record is requested for the purpose of criminal or civil proceedings, requested after the commencement of such proceedings and the production of access to a record for such purposes is provided for in any other law.
           3. If this is the case, you may need to use the rules of court and procedures for legal discovery of information in the relevant forum and proceedings you are involved in.
• Does the Information Requested Exist as a Record?

1. The Act only applies to records that exist at the time a request for access to the record is made. The Act does not require anyone to create a record following a request. Nor can the Act be used to request reasons for decisions taken by DATANAMIX.

• Is the record in the possession or under the control of DATANAMIX?

1. The Act takes into consideration the fact that records requested may no longer be in the possession of or under the control of DATANAMIX and that they are therefore not available following a request.
2. If this is the case, you may need to seek access to a record from a third party that either possesses or controls it. It is also possible that the record has ceased to exist or never existed in the first place.

• Is the PAIA process necessary?

1. Prior to making the request for access to information through the PAIA process, consider merely asking for the information.
2. This would require identifying the appropriate person within DATANAMIX, who may not be the designated Access to Information Officer and simply asking for information prior to resorting to legal process.

• How to Submit a Request for Access to Information

1. The following form must be used when requesting Access to Records:

https://inforegulator.org.za/wp-content/uploads/2020/07/InfoRegSA-PAIA-Form02-Reg7.pdf

• Prescribed Fees

1. On Making the Request
   1. The person making the request for access to information must pay the prescribed fee of R50.00 (Fifty South African Rand) before submitting a request and provide proof of payment. The proof of payment must accompany the request form for access to information
   2. If the search, preparation and arrangements needed to make the record available require more time than prescribed in the regulations for this purpose the Access to Information Officer will request a further payment and may withhold a record until such amount is paid.<
   3. Where access to a record has been granted the person making the request must pay an access fee for the reproduction and for the search and preparation of the record as well as for any time reasonably required in excess of the prescribed hours set out for these purposes.
   4. A refund may be requested for deposits if access to information is denied
2. Consideration of the Request
   1. Subject to the provisions of the Act in respect of the extension of time period the request for information will be processed in thirty (30) days and you will be informed in writing whether access has been granted or denied on the following form:
      1. Outcome of request and fees payable:https://inforegulator.org.za/wp-content/uploads/2020/07/Form-3-PAIA.pdf
   2. The grounds for DATANAMIX to refuse a request for information are related to the following:
      1. The Act provides for the mandatory protection of the privacy of a third party natural person where disclosure would be unreasonable;
      2. The Act provides for the mandatory protection of the commercial information of third parties where disclosure, if the record contains trade secrets, financial, commercial, scientific or technical information and the like, would be likely to cause harm to the third party or where information disclosed in confidence by a third party could result in disadvantage to third party negotiations and commercial competition.
      3. The Act provides for the mandatory protection, if protected in terms of an agreement, of confidential information of third parties.
      4. The Act provides for the mandatory protection of the safety of individuals and property.
      5. The Act provides for the mandatory protection of records, which would be regarded as privileged in legal proceedings.
      6. DATANAMIX commercial activities, where the disclosure of such activities’ records include, but are not limited to, trade secrets, financial, commercial and technical information, are likely to cause harm to DATANAMIX in its commercial negotiations or in the commercial marketplace.
   3. Remedies
      1. DATANAMIX does not have an internal appeal process. The decision made by the Access to Information Officer is final. If your request is denied you are entitled to apply to a competent Internal Appeal: https://inforegulator.org.za/wp-content/uploads/2020/07/InfoRegSA-PAIA-Form04-Reg9.pdf

• The forms in this annexure must accompany the cover letter addressed to the Access to Information Officer.

1. Datanamix Access to Information Officer
   Email: [email protected]