Promotion of Access to Information Manual

BLekker Events PTY LTD

(2023/126727/07)

Manual prepared for BLekker Events in terms of requirements of the Promotion of Access to Information Act No. 2 of 2000

  1. Introduction
    The Promotion of Access to Information Act No. 2 of 200 (herewith referred to as PAIA) is South African Government act to:

    “To give effect to the constitutional right of access to any information held by the State and any information that is held by another person and that is required for the exercise or protection if any rights; and to provide for matters connected therewith”

    Due to the amendments of PAIA by the POPI Act 2013, private bodies are required to disclose information through thee relevant organisation’s PAIA Manual.

    PAIA, Part 3, Chapter 1, Section 50(1) requires the following from each private body:

    “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 un terms of any ground for refusal contemplated in Chapter 4 of this Part.”

    This means that the Act requires a private body compile a manual set out to contain the information as required and specified by both the POPI Act and PAIA.  The manual needs to set out a formal procedure that must be followed in order for the person to update, request to view and or delete personal information that is held by a private body.

    From here, the context of a ‘private body’ will be know as a natural person or has carried on any profession, trade or business, this is only in capacity or any partnership which has carried or carries on any business, profession, former or existing juristic person or trade (may include but not limited to close corporations). This company is also defined as a ‘private body’ and this manual has been compiled in accordance with all provisions and to meet requirements of the Act.

    In the Act, Section 50(3), it states that:

    “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.”

    Means that there is an obligation on behalf of the private body to provide the information, except where the Act provides that the information may not be released.  In this context, Section 9 of the Act does recognise that access to this information may be limited.  These limitations may relate to circumstances where the information release may pose any threat to commercial confidentiality, the exercising of efficient governance or to the protection of privacy.

    The sole purpose of this manual is to provide reference to the process that needs to be adopted to access such records and to the records held.

    ANY and ALL requests for access to any information (other than what information that is public) must be addressed to the Director of Business named in Section 3 of the manual.

  2. Chapter 2 Section 51(1) of PAIA
    Here the Act grants access to records of a private body, if the record is required for the “exercise or protection of any rights”.  If a public body puts in a request, it must be done as acting in the interest of the public.

    Any requests in terms of the Act must be made according to the prescribed procedures, at the rates provided in the Act, Chapter 3 Section 54.

    Anyone making a request are referred to the guide in terms of Section 10 which is compiled by the South African Human Rights Commission, which will contain information for the purposes of exercising Constitutional Rights.  The guide is available from the South African Human Rights Commission.

    The Contact details for the SAHRC:

    Postal address:         Private Bag 2700

    Houghton

    2041

    Telephone number:  (011) 877 3600

    Fax Numbe:              (011) 403 0684

    Email:                        info@sahrc.org.za

    Website:                    www.sahrc.org.za

  3. Business and Contact Details
    Name of Business:  BLekker Events PTY LTD

    Head of Business:   Alicia Stols

    Position:                  Director

    Postal Address:       83A Olympus Drive, Bloemfontein, Free State, 9300

    Physical Address:   83A Olympus Drive, Bloemfontein, Free State, 9300

    Phone Number:      0741144320

    Email address:       director@blekkerevents.co.za

    Website:                 https://www.blekkerevents.co.za/

  4. Records available in terms of Section 52(2) of PAIA
    Not applicable
  5. Records held at the office of the business
    List of records held at the business’s office;

    Human Resources

    • None

    Operations

    • Contracts
    • General correspondence with contestants but not limited to

    Finances

    • Bank records
    • Budgets
    • General correspondence
    • Annual financial Statements
    • Tax Records
    • Purchase and order information
  6. Records statutory in nature
    • Records that are held in terms of PAIA 2 of 2000
  7. Processing Personal Information
    Data subjects

    • Contestants and all stakeholders

    Purpose of processing the information

    • Marketing and advertising
    • Verification of information provided to us
    • Obtaining the necessary information provided by contestants including but no limited to directors, third parties and suppliers
    • Accounts and records
    • Record keeping and research
    • Maintaining and managing contractual obligations to contestants, including but not limited to directors, clients, third parties and suppliers

    Personal information to be processed

    • Names of contact persons (emergency contacts)
    • Names and Surnames
    • Date of birth
    • Identification numbers
    • Gender
    • Nationality
    • Postal and physical addresses
    • Correspondence
    • Contact numbers
    • Email addresses
    • NO Special information to be collected
  8. Recipients of Personal Information
    • BLekker Events strives to adhere to all regulations set out in POPIA and PAIA, therefore all information shared will need consent of the person before sharing. All information that will be shared will be amongst employees of the Company as well as but not limited to suppliers, agents, service providers.
  9. Cross border sharing of personal information
    • As Miss Voluptuous South Africa is a part of an international pageant, the crowned winner’s information will need to be shared with international pageant organisers as well as the International Company, Miss Voluptuous PTY LTD. Similarly to all other processes when collecting data in South Africa, the contestant will need to give consent to the information being shared and Miss Voluptuous PTY LTD will need to adhere to South African privacy laws, but cannot hold BLekker Events PTY LTD liable for any information processes incorrectly.
  10. Security measures of the Information (General)
    • BLekker Events will strive to ensure that all technology involved with secure keeping of all information is up to date. These measures will include, who can access the information, network security, usage of information, governance compliance and any third party access to the information.
    • As the Company strives to ensure that protection of information is taken seriously, all third parties will be required to sign agreements that state the importance of the protection of the information given to them.
  11. Request for information
    • As set out in the Privacy Policy of BLekker Events PTY LTD, all procedures set out in the POPIA will need to be adhered to when it comes to requesting any information. See above for the information on the site for the South African Human Rights Commission.  If these processes are not followed than any requesting party will be made aware of a denial to access the information.