Chapter 5 Third party notification and intervention
Notice to third parties
71. (1) The head of a private body considering a request for access to a record that might be a record contemplated in section 63(1), 64(1), 65 or 69(1), must take all reasonable steps to inform a third party to whom or which the record relates of the request.
(2) The head must inform a third party in terms of subsection (1)—
(a)
as soon as reasonably possible, but in any event within 21 days after that request is received; and
(b)
by the fastest means reasonably possible.
(3) When informing a third party in terms of subsection (1). the head must—
(a)
state that he or she is considering a request for access to a record that might be a record contemplated in section 63(1), 64(1), 65 or 69(1); as the case may be, and describe the content of the record;
(b)
furnish the name of the requester;
(c)
describe the provisions of section 63(1), 64(1), 65 or 69(1), as the case may be;
(d)
in any case where the head believes that the provisions of section 70 might apply, describe those provisions, specify which of the circumstances referred to in section 70(a) in the opinion of the head might apply and state the reasons why he or she is of the opinion that section 70 might apply; and
(e)
state that the third party may, within 21 days after the third party is informed—
(i)
make written or oral represumtations to the head why the request for access should be refused; or
(ii)
give written consent for the disclosure of the record to the requester.
(4) If a third party is informed orally of a request for access in terms of subsection (1), the head must give a written notice stating the matters referred to in subsection (3) to the third party.
Representations and consent by third parties
72. (1) A third party that is informed in terms of section 71(1) of a request for access, may, within 21 days after being so informed—
(a)
make written or oral representations to the head concerned why the request should be refused; or
(b)
give written consent for the disclosure of the record to the requester concerned.
(2) A third party that obtains knowledge about a request for access other than in terms of section 71(1) may—
(a)
make written or oral representations to the head concerned why the request should be refused; or
(b)
give written consent for the disclosure of the record to the requester concerned.
Decision on representations for refusal and notice thereof
73. (1) The head of a private body must, as soon as reasonably possible, but in any event within 30 days after every third party is informed as required by section 71—
(a)
decide, after giving due regard to any representations made by a third party in terms of section 72, whether to grant the request for access; and
(b)
notify the third party so informed and a third party not informed in terms of section 71, but that made representations in terms of section 72 or is located before the decision is taken, of the decision.
(2) If, after all reasonable steps have been taken as required by section 71, a third party is not informed of a request, any decision whether to grant the request for access must be made with due regard to the fact that the third party did not have the opportunity to make representations in terms of section 72 why the request should be refused.
(3) If the request is granted, the notice in terms of subsection (1)(b) must state—
