Page:Promotion of Access to Information Act 2000.djvu/33

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Access to health or other records

61. (1) If the head of a private body who grants, in terms of section 50, a request for access to a record provided by a health practitioner in his or her capacity as such about the physical or mental health, or well-being—

(a)

of the requester; or

(b)

if the request has been made on behalf of the person to whom the record relates, of that person,

(in this section, the requester and person referred to paragraphs (a) and (b), respectively, are referred to as the “relevant person”), is of the opinion that the disclosure of the record to the relevant person might cause serious harm to his or her physical or mental health, or well-being, the information officer may, before giving access in terms of section 60, consult with a health practitioner who, subject to subsection (2), has been nominated by the relevant person.

(2) If the relevant person is—

(a)

under the age of 16 years, a person having parental responsibilities for the relevant person must make the nomination contemplated in subsection (1); or

(b)

incapable of managing his or her affairs, a person appointed by the court to manage those affairs must make that nomination.

(3)(a) If, after being given access to the record concerned, the health practitioner consulted in terms of subsection (1) is of the opinion that the disclosure of the record to the relevant person, would be likely to cause serious harm to his or her physical or mental health, or well-being, the head may only give access to the record if the requester proves to the satisfaction of the head that adequate provision is made for such counselling or arrangements as are reasonably practicable before, during or after the disclosure of the record to limit, alleviate or avoid such harm to the relevant person.

(b) Before access to the record is so given to the requester, the person responsible for such counselling or arrangements must be given access to the record.

Chapter 4
Grounds for refusal of access to records

Interpretation

62. A provision of this Chapter in terms of which a request for access to a record must or may or may not be refused, must not be construed as—

(a)

limited in its application in any way by any other provision of this Chapter in terms of which a request for access to a record must or may or may not be refused; and

(b)

not applying to a particular record by reason that another provision of this Chapter in terms of which a request for access to a record must or may or may not be refused, also applies to that record.

Mandatory protection of privacy of third party who is natural person

63. (1) Subject to subsection (2), the head of a private body must refuse a request for access to a record of the body if its disclosure would involve the unreasonable disclosure of personal information about a third party, including a deceased individual.

(2) A record may not be refused in terms of subsection (1) insofar as it consists of information—

(a)

about an individual who has consented in terms of section 72 or otherwise in writing to its disclosure to the requester concerned;

(b)

already publicly available;

(c)

that was given to the private body by the individual to whom it relates and the individual was informed by or on behalf of the private body, before it is given, that the information belongs to a class of information that would or might be made available to the public;

(d)

about an individual's physical or mental health, or well-being, who is under the care of the requester and who is—

(i)

under the age of 18 years; or

(ii)

incapable of understanding the nature of the request,

and if giving access would be in the individual's best interests;

(e)

about an individual who is deceased and the requester is—