PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 36 of 70
to grant the request for access concerned, he or she must give the requester
access to the record concerned after the expiry of 30 days after notice is given in
terms of subsection (1) (b), unless an internal appeal or an application with a court,
as the case may be, is lodged against the decision within that period.
[NB: Sub-s. (4) has been substituted by s. 110 of the Protection of Personal Information
Act 4 of 2013, a provision which will be put into operation by proclamation. See
PENDLEX.]
PART 3
ACCESS TO RECORDS OF PRIVATE BODIES (ss 50-73)
CHAPTER 1
RIGHT OF ACCESS (s 50)
50 Right of access to records of private bodies
(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 2
PUBLICATION AND AVAILABILITY OF CERTAIN RECORDS (ss 51-52)
51 Manual
(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.
[NB: Sub-s. (1) has been substituted by s. 110 of the Protection of Personal Information
Act 4 of 2013, a provision which will be put into operation by proclamation. See
PENDLEX.]
(2) The head of a private body must on a regular basis update the manual
referred to in subsection (1).
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