Category: Access to information

Section 56 | Decision on request and notice thereof

(1) Except if the provisions regarding third party notification and intervention contemplated in Chapter 5 of this Part apply, the head of the private body to whom the request is made must, as soon as reasonably possible, but in any event within 30 days, after the request has been received or after the particulars required in terms of section 53(2) have been received – 

(a) decide in accordance with this Act whether to grant the request; and 

(b) notify the requester of the decision and, if the requester stated, as contemplated in section 53(2)(e), that he or she wishes to be informed of the decision in any other manner, inform him or her in that manner if it is reasonably possible. 

[Section 56(1) substituted by section 39(a) of Act 42 of 2001]

(2) If the request for access is granted, the notice in terms of subsection (1)(b) must state – 

(a) the access fee (if any) to be paid upon access; 

(b) the form in which access will be given; and 

(c) that the requester may lodge a complaint to the Information Regulator or an application with a court against the access fee to be paid or the form of access granted, and the procedure, including the period allowed, for lodging a complaint to the Information Regulator or the application. 

[Section 56(2)(c) substituted by section 39(b) of Act 42 of 2001]
[Section 56(2)(c) substituted by section 110 (Schedule) of Act 4 of 2013]

(3) If the request for access is refused, the notice in terms of subsection (1)(b) must – 

(a) state adequate reasons for the refusal, including the provisions of this Act relied on; 

(b) exclude, from any such reasons, any reference to the content of the record; and 

(c) state that the requester may lodge a complaint to the Information Regulator an application with a court against the refusal of the request, and the procedure (including the period) for lodging a complaint to the Information Regulator or the application. 

[Section 56(3)(c) substituted by section 110 (Schedule) of Act 4 of 2013] 

 

 

Section 57 | Extension of period to deal with request

(1) The head of a private body to whom a request for access has been made, may extend the period of 30 days referred to in section 56(1) (in this section referred to as the “original period”) once for a further period of not more than 30 days, if –

(a) the request is for a large number of records or requires a search through a large number of records and compliance with the original period would unreasonably interfere with the activities of the private body concerned; 

(b) the request requires a search for records in, or collection thereof from, an office of the private body not situated in the same town or city as the office of the head that cannot reasonably be completed within the original period; 

(c) consultation among divisions of the private body or with another private body is necessary or desirable to decide upon the request that cannot reasonably be completed within the original period; 

(d) more than one of the circumstances contemplated in paragraphs (a), (b) and (c) exist in respect of the request making compliance with the original period not reasonably possible; or 

(e) the requester consents in writing to such extension. 

(2) If a period is extended in terms of subsection (1), the head of the private body must, as soon as reasonably possible, but in any event within 30 days, after the request is received, notify the requester of that extension, the period of the extension and the reasons for the extension. 

(3) The notice in terms of subsection (2) must state – 

(a) the period of the extension; 

(b) adequate reasons for the extension, including the provisions of this Act relied upon; and 

(c) that the requester may lodge a complaint to the Information Regulator or an application with a court against the extension, and the procedure (including the period) for lodging the application. 

[Section 57(3)(c) substituted by section 110 (Schedule) of Act 4 of 2013] 

Section 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. 

[Section 59(2) substituted by section 40 of Act 42 of 2001] 

Section 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. 

[Section 61(1) substituted by section 41 of Act 42 of 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. 

(3) 

(a) If, after being given access to the record concerned, the health practitioner consulted in terms of subsection (1) is of the opinion that the disclosure of the record to the relevant person, would be likely to cause serious harm to his or her physical or mental health, or well-being, the head may only give access to the record if the requester proves to the satisfaction of the head that adequate provision is made for such counselling or arrangements as are reasonably practicable before, during or after the disclosure of the record to limit, alleviate or avoid such harm to the relevant person. 

(b) Before access to the record is so given to the requester, the person responsible for such counselling or arrangements must be given access to the record. 

 

Section 62 | Interpretation

A provision of this Chapter in terms of which a request for access to a record must or may or may not be refused, must not be construed as – 

(a) limited in its application in any way by any other provision of this Chapter in terms of which a request for access to a record must or may or may not be refused; and 

(b) not applying to a particular record by reason that another provision of this Chapter in terms of which a request for access to a record must or may or may not be refused, also applies to that record. 

Section 63 | Mandatory protection of privacy of third party who is natural person

(1) Subject to subsection (2), the head of a private body must refuse a request for access to a record of the body if its disclosure would involve the unreasonable disclosure of personal information about a third party, including a deceased individual. 

(2) A record may not be refused in terms of subsection (1) insofar as it consists of information – 

(a) about an individual who has consented in terms of section 72 or otherwise in writing to its disclosure to the requester concerned; 

(b) already publicly available; 

(c) that was given to the private body by the individual to whom it relates and the individual was informed by or on behalf of the private body, before it is given, that the information belongs to a class of information that would or might be made available to the public; 

(d) about an individual’s physical or mental health, or well-being, who is under the care of the requester and who is – 

(i) under the age of 18 years; or 

(ii) incapable of understanding the nature of the request, 

and if giving access would be in the individual’s best interests; 

(e) about an individual who is deceased and the requester is – 

(i) the individual’s next of kin; or 

(ii) making the request with the written consent of the individual’s next of kin; or 

(f) about an individual who is or was an official of a private body and which relates to the position or functions of the individual, including, but not limited to – 

(i) the fact that the individual is or was an official of that private body; 

(ii) the title, work address, work phone number and other similar particulars of the individual; 

(iii) the classification, salary scale or remuneration and responsibilities of the position held or services performed by the individual; and 

(iv) the name of the individual on a record prepared by the individual in the course of employment. 

Section 64 | Mandatory protection of commercial information of third party

(1) Subject to subsection (2), the head of a private body must refuse a request for access to a record of the body if the record contains – 

(a) trade secrets of a third party; 

(b) financial, commercial, scientific or technical information, other than trade secrets, of a third party, the disclosure of which would be likely to cause harm to the commercial or financial interests of that third party; or 

(c) information supplied in confidence by a third party, the disclosure of which could reasonably be expected – 

(i) to put that third party at a disadvantage in contractual or other negotiations; or 

(ii) to prejudice that third party in commercial competition. 

(2) A record may not be refused in terms of subsection (1) insofar as it consists of information about – 

(a) a third party who has consented in terms of section 72 or otherwise in writing to its disclosure to the requester concerned; 

(b) the results of any product or environmental testing or other investigation supplied by a third party or the results of any such testing or investigation carried out by or on behalf of a third party and its disclosure would reveal a serious public safety or environmental risk. 

[Section 64(2)(b) substituted by section 42 of Act 42 of 2001] 

(3) For the purposes of subsection (2)(b), the results of any product or environmental testing or other investigation do not include the results of preliminary testing or other investigation conducted for the purpose of developing methods of testing or other investigation.