Page:Promotion of Access to Information Act 2000.djvu/29

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Part 3
Access to records of private bodies

Chapter 1
Right of access

Right of access to records of private bodies

50. (1) 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 this Act 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.

(2) In addition to the requirements referred to in subsection (1), when a public body, referred to in paragraph (a) or (b)(i) of the definition of “public body” in section 1, requests access to a record of a private body for the exercise or protection of any rights, other than its rights, it must be acting in the public interest.

(3) A request contemplated in subsection (1) includes a request for access to a record containing personal information about the requester or the person on whose behalf the request is made.

Chapter 1
Publication and availability of certain records

Manual

51. (1) Within six months after the commencement of this section or the coming into existence of the private body concerned, the head of a private body must compile a manual containing—

(a)

the postal and street address, phone and fax number and, if available, electronic mail address of the head of the body;

(b)

a description of the guide referred to in section 10, if available, and how to obtain access to it;

(c)

the latest notice in terms of section 52(2), if any, regarding the categories of record of the body which are available without a person having to request access in terms of this Act;

(d)

a description of the records of the body which are available in accordance with any other legislation;

(e)

sufficient detail to facilitate a request for access to a record of the body, a description of the subjects on which the body holds records and the categories of records held on each subject; and

(f)

such other information as may be prescribed.

(2) The head of a private body must on a regular basis update the manual referred to in subsection (1).

(3) Each manual must be made available as prescribed.

(4) For security, administrative or financial reasons, the Minister may, on request or of his or her own accord, by notice in the Gazette, exempt any private body or category of private bodies from any provision of this section for such period as the Minister thinks fit.

Voluntary disclosure and automatic availability of certain records

52. (1) The head of a private body may, on a voluntary and periodic basis, submit to the Minister a description of—

(a)

the categories of records of the private body that are automatically available without a person having to request access in terms of this Act, including such categories available—

(i)

for inspection in terms of legislation other than this Act;

(ii)

for purchase or copying from the private body;

(iii)

from the private body free of charge; and

(b)

how to obtain access to such records.

(2) If appropriate the Minister must, on a periodic basis and by notice in the Gazette—

(a)

publish any description so submitted; and