PAIA Manual
PAIA MANUAL Prepared in terms of section 14 of the Promotion of Access to Information Act 2 of 2000 (as amended) IMPORTANT NOTE: Since Fire Risk SA is a Proprietary Limited subsidiary, it is NOT a Public Body, but rather a private body, and as such, this manual is set out for purposes of transparency only and only sections pertaining to private bodies will be applicable. Fire Risk SA reserves the right to refuse disclosure of any information which it deems may be inappropriate to any requester, particularly where such refusal is in the interests of protection of personal information of a subject, entity, person or process as prescribed by the Protection Of Personal Information Act. DATE OF COMPILATION: 21/01/2024
1. LIST OF ACRONYMS AND ABBREVIATIONS. 3
3. ESTABLISHMENT OF FIRE RISK SA.. 3
4. STRUCTURE OF FIRE RISK SA AND FUNCTIONS. 4
5. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF THE FIRE RISK SA.. 4
6. DESCRIPTION OF ALL REMEDIES AVAILABLE IN RESPECT OF AN ACT OR A FAILURE TO ACT BY FIRE RISK SA 4
7. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE. 5
11. PROCESSING OF PERSONAL INFORMATION.. 7
12. DESCRIPTION OF THE CATEGORIES OF DATA SUBJECTS. 7
13. AVAILABILITY OF THE MANUAL. 9
1. LIST OF ACRONYMS AND ABBREVIATIONS
1.1 “CEO” Chief Executive Officer
1.2 “DIO” Deputy Information Officer;
1.3 “IO“ Information Officer;
1.4 “Minister” Minister of Justice and Correctional Services;
1.5 “PAIA” Promotion of Access to Information Act No. 2 of 2000 as Amended;
1.6 “PFMA” Public Finance Management Act No.1 of 1999 as Amended;
1.7 “POPIA” Protection of Personal Information Act No.4 of 2013;
1.8 “Regulator” Information Regulator.
2. PURPOSE OF PAIA MANUAL
This PAIA Manual is useful for the public to
2.1 check the nature of the records which may already be available at Fire Risk SA without the need for submitting a formal PAIA request;
2.2 have an understanding of how to make a request for access to a record Fire Risk SA
2.3 access all the relevant contact details of the persons who will assist the public with the records they intend to access;
2.4 know all the remedies available from Fire Risk SA regarding request for access to the records, before approaching the Regulator or the Courts;
2.5 the description of the services available to members of the public from Fire Risk SA, and how to gain access to those services;
2.6 a description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;
2.7 if the body will process personal information, the purpose of processing of personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;
2.8 know if Fire Risk SA has planned to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and
2.9 know whether Fire Risk SA has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.
3. ESTABLISHMENT OF FIRE RISK SA
3.1. Objectives/Mandate NB: Fire Risk SA is a subsidiary of S A Firehouse, a Proprietary Limited Company registered in 2020 with the purpose of providing:
a. Fire Safety Consulting services to its customers
b. Fire, Material Damage, Natural Perils and Security related Risk Audit services to customers
c. Appropriate risk analysis with regard to audits performed.
d. Appropriate risk improvement and mitigation consulting with regard to audits performed.
e. Fire and loss investigation services to customers.
4. STRUCTURE OF FIRE RISK SA AND FUNCTIONS
Managing Director - Head Office
Financial Manager - Head Office
Risk Engineers - Branches
Risk Analysts - Branches
Risk Surveyors - Branches
Specialists - Branches
5. KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF THE FIRE RISK SA
Chief Information Officer
Name: Robert Hodgkiss
Tel 072 297 4271
Email: rob@frsa.co.za
National / Head Office Postal Address: 179 Eynham Road, Mondeor, Johannesburg, 2091
General contact numbers for the organisation: 067 999 1111
Email: info@frsa.co.za Website: www.firerisk.mobi
6. DESCRIPTION OF ALL REMEDIES AVAILABLE IN RESPECT OF AN ACT OR A FAILURE TO ACT BY FIRE RISK SA
a) internal appeal, by contacting complaints@frsa.co.za
7. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE
7.1. The Regulator has, in terms of section 10(1) of PAIA, updated and made available the revised Guide on how to use PAIA (“Guide”), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPIA.
7.2. The Guide is available in each of the official languages.
7.3. The aforesaid Guide contains the description of
7.3.1. the objects of PAIA and POPIA;
7.3.2. the postal and street address, phone and fax number and, if available, electronic mail address of
7.3.2.1. the Information Officer of every public body, and
7.3.2.2. every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA and section 56 of POPIA;
7.3.3. the manner and form of a request for
7.3.3.1. access to a record of a public body contemplated in section 113 ; and
7.3.3.2. access to a record of a private body contemplated in section 504 ;
7.3.4. the assistance available from the Information Officer of a public body in terms of PAIA and POPIA
7.3.5. the assistance available from the Regulator in terms of PAIA and POPIA;
7.3.6. all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging
7.3.6.1. an internal appeal; Section 17(1) of PAIA- For the purposes of PAIA, each public body must, subject to legislation governing the employment of personnel of the public body concerned, designate such number of persons as deputy information officers as are necessary to render the public body as accessible as reasonably possible for requesters of its records.
Section 56(a) of POPIA- Each public and private body must make provision, in the manner prescribed in section 17 of the Promotion of Access to Information Act, with the necessary changes, for the designation of such a number of persons, if any, as deputy information officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of POPIA.
Section 50(1) of PAIA- 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 PAIA 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.
7.3.6.2. a complaint to the Regulator; and
7.3.6.3. an application with a court against a decision by the information officer of a public body, a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body;
7.3.7. the provisions of sections 145 and 516 requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
7.3.8. the provisions of sections 157 and 528 providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
7.3.9. the notices issued in terms of sections 229 and 5410 regarding fees to be paid in relation to requests for access; and
7.3.10. the regulations made in terms of section 92.
7.4. Members of the public can inspect or make copies of the Guide from the offices of the public or private bodies, including the office of the Regulator, during normal working hours.
The Guide can also be obtained Section 14(1) of PAIA- The information officer of a public body must, make available a manual containing information listed in paragraph 4 above.
Section 51(1) of PAIA- The head of a private body must make available a manual containing the description of the information listed in paragraph 4 above.
Section 52(1) of PAIA- The head of a private body may, on a voluntary basis, make available in the prescribed manner a description of the categories of records of the private body that are automatically available without a person having to request access
Section 22(1) of PAIA- The information officer of a public body to whom a request for access is made, must by notice require the requester to pay the prescribed request fee (if any), before further processing the request.
Section 54(1) of PAIA- The head of a private body to whom a request for access is made must by notice require the requester to pay the prescribed request fee of R2500 before further processing the request.
Section 92(1) of PAIA provides that “The Minister may, by notice in the Gazette, make regulations regarding-
(a) any matter which is required or permitted by this Act to be prescribed;
(b) any matter relating to the fees contemplated in sections 22 and 54;
(c) any notice required by this Act;
(d) uniform criteria to be applied by the information officer of a public body when deciding which categories of records are to be made available in terms of section 15; and
(e) any administrative or procedural matter necessary to give effect to the provisions of this Act.” 7.4.1. upon request to the Information Officer;
7.4.2. from the website of the Regulator (https://www.justice.gov.za/inforeg/).
8. DESCRIPTION OF THE SUBJECTS ON WHICH THE BODY HOLDS RECORDS AND CATEGORIES OF RECORDS HELD BY FIRE RISK SA
- Strategic Documents,
- Site Plans,
- Proposals
- Annual Reports,
- Strategic Plan,
- Risk Audit Reports.
- Financial records
9. CATEGORIES OF RECORDS OF FIRE RISK SA WHICH ARE AVAILABLE WITHOUT A PERSON HAVING TO REQUEST ACCESS
- Risk Insights
- Informative articles on loss events as reported in local and international media that may serve the interest of loss prevention
10. SERVICES AVAILABLE TO MEMBERS OF THE PUBLIC FROM FIRE RISK SA AND HOW TO GAIN ACCESS TO THOSE SERVICES
Services available to the public and to enterprises are listed in the Services section of the website: www.firerisk.mobi
11. PROCESSING OF PERSONAL INFORMATION
11.1 Purpose of Processing Personal information may be recorded in the course of conducting an audit / investigation and may be processed in the course of analysis and compilation of any report.
12. DESCRIPTION OF THE CATEGORIES OF DATA SUBJECTS
Natural Persons
- Names and surname;
- contact details (contact number(s),
- fax number,
- email address);
- Residential, postal or business address;
- Unique Identifier/Identity Number and confidential correspondence
Juristic Persons
- Names of contact persons;
- Name of legal entity;
- physical and postal address;
- contact details (contact number(s),
- fax number,
- email address);
- registration number;
- financial, commercial, scientific or technical information and trade secrets
Employees
- Gender,
- pregnancy;
- marital status;
- Race age,
- language,
- educational information (qualifications);
- financial information;
- employment history;
- ID number;
- physical and postal address;
- contact details(contact number(s),
- fax number,
- email address;
- criminal behaviour;
- well-being and their relatives ( family members)
- race,
- medical,
- gender,
- sex,
- nationality,
Categories of Data
- ethnic or social origin,
- sexual orientation,
- age,
- physical or mental health,
- well-being,
- disability,
- religion,
- conscience,
- belief,
- culture,
- language,
12.3 The recipients or categories of recipients to whom the personal information may be supplied
- Identity number and names, for criminal checks South African Police Services
- Qualifications, for qualification verifications South African Qualifications Authority
- Credit and payment history, for credit information Credit Bureaus
12.4 Planned trans-border flows of personal information NB: Fire Risk SA reports are compiled on a cloud-based server located in Australia. Rigorous security measures are applied by Safety Culture, the service provider concerned. Further detail is obtainable from www.safetyculture.com 12.5 Security measures include Data Encryption; Anti-virus and Anti-malware Solutions.
13. AVAILABILITY OF THE MANUAL
13.1 This Manual is made available in English;
13.2 A copy of this Manual or the updated version thereof, is also available as follows
13.2.1 on www.firerisk.mobi
13.2.2 at the head office of the public body for public inspection during normal business hours;
13.2.3 to any person upon request and upon the payment of a reasonable prescribed fee; and
13.2.4 to the Information Regulator upon request.
13.3 A fee for a copy of the Manual, as contemplated in annexure B of the Regulations, shall be payable per each A4-size photocopy made.
14. UPDATING OF THE MANUAL Fire Risk SA will, if necessary, update and publish this Manual annually in the month of January.
Issued by Robert Hodgkiss. Managing Director. Fire Risk SA
