PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000
Page 41 of 70
[NB: Para. (c) 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.]
58 Deemed refusal of request
If the head of a private body fails to give the decision on a request for access to
the requester concerned within the period contemplated in section 56 (1), the head
of the private body is, for the purposes of this Act, regarded as having refused the
request.
59 Severability
(1) If a request for access is made to a record of a private body containing
information which may or must be refused in terms of any provision of Chapter 4 of
this Part, every part of the record which(a)
does not contain; and
(b)
can reasonably be severed from any part that contains,
any such information must, despite any other provision of this Act, be disclosed.
(2) If a request for access to(a)
a part of a record is granted; and
(b)
the other part of the record is refused,
as contemplated in subsection (1), the provisions of section 56 (2) apply to
paragraph (a) of this subsection and the provisions of section 56 (3) apply to
paragraph (b) of this subsection.
[Sub-s. (2) substituted by s. 40 of Act 42 of 2001 (wef 7 December 2001).]
60 Form of access
If access is granted to a record of a private body, the head of that body must, as
soon as reasonably possible after notification in terms of section 56, but subject to
section 57, give access in(a)
such form as the requester reasonably requires; or
(b)
if no specific form of access is required by the requester, such form as
the head reasonably determines.
61 Access to health or other records
(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 in 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 head 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.
[Sub-s. (1) substituted by s. 41 of Act 42 of 2001 (wef 7 December 2001).]
(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.
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