PAIA

Promotion of Access to Information Act (PAIA)

INFORMATION MANUAL IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT, 2 OF 2000 (“PAIA”) AND SECTION 17 OF THE PROTECTION OF PERSONAL INFORMATION ACT, 4 OF 2013 (“POPIA”) IN RESPECT OF PREFERRED PROVIDER NEGOTIATORS (PTY) LTD (REGISTRATION NUMBER 1992/000075/07) HEREINAFTER (“PPN”

INTRODUCTION

PPN is a registered managed healthcare provider registered under the Medical Schemes Act. We believe in transparent and honest relationships and the delivery of the highest service levels. Coupled with 25 years’ experience in health care, we have grown into the largest optometry network in South Africa.

Our approach to healthcare generates substantial and substantive savings for our contracted schemes with the result that optical benefits are guaranteed for millions of lives without compromising any quality.

The purpose of this manual is to inform requesters of the procedural and other requirements which a request for information must meet as prescribed by PAIA & POPIA.

Contact Details:

Name of Private Body: Preferred Provider Negotiators Proprietary Limited

Physical Address: 4th Floor Oasim North Building, 78 Havelock Street, Central, Port Elizabeth, South Africa

Head of Private Body: Bryan John Dowley
Information Officer: Jateen Naran
Electronic Mail: management@ppn.co.za
Telephone Number: 041 506 5900

THE PROMOTION OF ACCESS TO INFORMATION ACT

PAIA grants a requester access to records of a private body, if:

  • the record is required for the exercise or protection of any rights;
  • the requester complies with the procedural requirements of PAIA relating to a request for access to the requested record; and
  • the grounds listed in sections 62 – 70 are not applicable.

If a public body lodges a request, the public body must be acting in the public interest.

Requests in terms of PAIA shall be made in accordance with the prescribed procedures, at the rates provided.

Requesters are referred to the Guide in terms of Section 10 which has been 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 SAHRC.

The contact details of the Commission are:

Postal Address: Private Bag 2700, Houghton, 2041

Promotion of Access to Information Act (PAIA)

Telephone Number: +27-11-877 3600
Facsimile Number: +27-11-403 0625
General information: info@sahrc.org.za
Complaints: complaints@sahrc.org.za
Website: www.sahrc.org.za

RECORDS THAT ARE AUTOMATICALLY AVAILABLE

Some records are automatically available to any person requesting this information and it is therefore not necessary to apply for access thereto in terms of PAIA.

Information is freely available on PPN’s website: www.ppn.co.za or www.optimum.co.za

Requests for the above mentioned records may be sent to any of the addresses provided under Contact Details above and copies are available for a fee as prescribed in Appendix 1.

RECORDS THAT ARE AVAILABLE IN ACCORDANCE WITH LEGISLATION

Records are available in terms of the following legislation:

  • Basic Conditions of Employment Act, 75 of 1997;
  • Companies’ Act, 71 of 2008;
  • Compensation for Occupational Injuries and Disease Act, 130 of 1993;
  • Competition Act, 89 of 1998
  • Customs and Excise Act, 91 of 1964;
  • Employment Equity Act, 55 of 1998;
  • Health Professions Act, 56 of 1974;
  • Labour Relations Act, 66 of 1995;
  • Medical Schemes Act, 131 of 1998;
  • Occupational Health and Safety Act, 85 of 1993;
  • Skills Development Act, 97 of 1998;
  • Trademarks Act, 194 of 1993;
  • Unemployment Insurance Act, 63 of 2001;
  • Value Added Tax Act, 89 of 1991.

RECORDS HELD BY PPN AVAILABLE ON REQUEST

PPN keeps, inter alia, records in terms of various regulatory requirements that have an impact on its operations. These records are not automatically available and any request for access to thereto will be assessed in accordance with applicable internal policies and legislative requirements.

Companies’ Act Records:

  • Memorandum of Incorporation;
  • Minutes of meeting of the Board of Directors;
  • Minutes of meetings of Shareholders;
  • Records relating to the appointment of:
    1. - Directors;
      - Auditors;
      - Secretary;
      - Public Officer;
      - Any other Officer.
  • Share Register and other statutory registers and/or records and/or documents.

Income Tax Act Records:

  • Pay-as-you-earn (PAYE) Records;
  • Documents issued to employees for income tax purposes;
  • Records of payments made to South African Revenue Services on behalf of Employees;
  • All or any statutory compliances;
  • Value Added Tax;
  • Regional Services Levies;
  • Skills Development Levies;
  • Unemployment Insurance Fund;
  • Workman’s Compensation;
  • Customs and Excise.

Labour Relations Records:

  • Personnel Documents and Records:
  • Employment Contracts;
  • Employment Equity Plan (If applicable);
  • Medical Aid Records;
  • Provident Fund Records;
  • Disciplinary Records;
  • Salary Records;
  • Disciplinary Code and /or procedures;
  • Leave Records;
  • Training Records;
  • Training Manuals;
  • Address Lists;
  • Internal Telephone Lists.

Medical Schemes Act Records:

  • Medical Aid Member Documents and Records:
  • Scheme Agreement;
  • Provider Agreement;
  • Medical Aid Clinical Records;
  • Claim Information;
  • Tariff Information;
  • ICD10 code details;
  • Provider information;
  • Contact information;
  • Company registration information;
  • HPCSA registration details;
  • PCNS registration details;
  • Member Demographics and Refund details

Health Professions Act Records:

  • PCNS registration details;
  • Healthcare Provider Professional Registration details;
  • Healthcare Provider Address and contact information;
  • Member Medical Aid Clinical Records;
  • Industry Code and /or procedures;
  • Banking details;
  • Healthcare Provider Professional Practice Registration details;

Third Party Records:

  • Records held by PPN pertaining to third parties, including, but not limited to financial records, health records, correspondence, contractual records, records provided by the other party, and records third parties have provided about any contractors and / or suppliers;
  • Records held by PPN pertaining to contractors, subsidiary companies, joint venture companies, medical schemes and service providers.

PROCEDURE FOR REQUEST FOR ACCESS (SECTIONS 53 TO 57 AND 60 OF PAIA):

  • The requester must comply with all the procedural requirements as set out in PAIA, relating to the request for access to a record.
  • The requester must complete the prescribed form enclosed herewith as Appendix 1 (Form C), and submit same together with payment of the request fee (if applicable) and a deposit (if applicable) to the Information Officer at the postal or physical address, facsimile number or electronic mail address under PART I above.
  • The prescribed form must be completed with sufficient detail so as to enable the Information Officer to identify:
    1. - The records requested;
      - The identity of the requester;
      - Which form of access to the records is required, should the request be granted;
      - The postal address or facsimile number of the requester.
  • The requester must explain what other right is being protected or exercised.
  • The requester must indicate if the requester, in addition to being informed in writing whether access to the record has been granted, wishes to be informed of the decision of the request in any other manner.
  • If the request is made on behalf of another person, then the requester must submit proof of the capacity in terms of which the requester is making the request, to the reasonable satisfaction of the Information Officer.
  • Should an individual be unable to complete the prescribed form because of illiteracy, disability or any other reason, such individual may submit such request orally to the Information Officer.
  • The requester must pay the prescribed fee (if applicable) before any further processing can take place.

APPLICABLE TIME PERIODS

  • PPN will inform the requester within 30 days after receipt of the request of its decision whether or not to grant the request.
  • The 30 day period may be extended by a further period of not more than 30 days if 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 activities of PPN or the records are not located at PPN, or consultations amongst divisions and/or subsidiaries of PPN or another private body are required.

THE OUTCOME OF A REQUEST (GRANTING OR REFUSING)

  • Should the request be granted, the notice will state the access fee (if any) to be paid upon access, the form in which access will be given and further that the requester may lodge an application with a Court against the access fee to be paid or the form of access granted, and the procedure for lodging such application.
  • Should the request be refused, the notice will state adequate reasons for the refusal, including the provisions of PAIA relied upon; and that the requester may lodge an application with a Court against the refusal of the request, and the procedure (including the time period) for lodging the application.

GROUNDS FOR REFUSAL OF ACCESS TO RECORDS (CHAPTER 4 OF PAIA)

Apart from Section 7 of PAIA, and subject to Section 70 of PAIA, the main grounds for PPN to refuse a request for information as contemplated by PAIA relates to:

  • Protection of the privacy of a third party, if that third party is a natural person, which would involve the unreasonable disclosure of personal information of that natural person (Section 63(1));
  • Protection of commercial information of a third party as defined by PAIA, if the record contains:
    1. - trade secrets of that third party;
      - 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;
      - information disclosed in confidence to PPN by a third party, the disclosure of which could put that third party at a disadvantage in contractual or other negotiations or would prejudice that third party in commercial competition (Section 64).
  • Protection of confidential information if the disclosure would constitute a breach of a duty or confidence to a third party in terms of an agreement (Section 65);
  • Protection of safety of individuals and protection of property (Section 66);
  • Protection of records which would be regarded as privileged in any legal proceedings, unless the person so entitled to privilege waives the privilege (Section 67);
  • Protection of commercial activities of PPN, which includes:
    1. - trade secrets of PPN;
      - financial, commercial, scientific or technical information, disclosure of which could cause harm to the financial or commercial interests of PPN;
      - information which, if disclosed, could put PPN at a disadvantage in negotiations or commercial competition;
      - a computer programme owned by PPN, and which is protected by copyright (Section 68);
  • The research information of PPN or a third party on behalf of PPN if the disclosure would expose the third party, PPN, the researcher or the subject matter of the research to serious disadvantage (Section 69).
  • The requester must pay the prescribed fee (if applicable) before any further processing can take place.

REMEDIES AVAILABLE IN REFUSAL OF A REQUEST FOR INFORMATION (PART 4 OF PAIA)

  • PPN does not have internal appeal procedures and as such, the decision made by the Information Officer is final.
  • Should the requester be dissatisfied with the Information Officer’s decision to refuse access, that person may within 30 days after notification of the refusal apply to a Court for the appropriate relief.
  • Should a third party be dissatisfied with the Information Officer’s decision to grant a request for information relating to that third party, it (the third party) may within 30 days of notification of such decision, apply to a Court for the appropriate relief.

THE PROTECTION OF PERSONAL INFORMATION ACT

POPIA grants data subjects protection in relation to their personal information. It imposes obligations on PPN to ensure that all personal information that PPN processes in terms of POPIA is done so lawfully in terms of the 8 conditions applicable therein. The provisions below entail all internal measures which have been developed by PPN to process requests for personal information or to have access thereto.

Data subjects right of access:

  • A data subject (after furnishing adequate proof of identity) is entitled to request PPN to confirm whether PPN holds personal information of the data subject free of charge. This request is to be sent via email to the email address contained above with a certified copy of the data subjects ID attached. In the event that a data subject is a juristic person, a representative of the juristic person is to present a certified copy of his/her ID together with any adequate proof of authority to represent the juristic person.
  • A data subject may also request PPN via Form C in appendix 1, to furnish a record or description of the personal information (a “summary”) which includes the identity of all third parties who have or have had access to the personal information. In the event that a summary is requested:
    1. - PPN to furnish the above summary within reasonable time which such time shall be determined by the surrounding circumstances of the request;
      - PPN will charge a prescribed fee as per appendix 1 below;
      - PPN will furnish the summary in a reasonable manner, format and in a form that is generally acceptable; and
      - PPN will expressly notify the data subject of the data subject’s right to request for the personal information to be corrected or deleted.
  • In the event that PPN charges a fee for the request of the summary, PPN will provide the data subject a written estimate of the fee before providing the summary. PPN may also require a deposit to be paid in part or in full for the furnishing of the summary.
  • PPN may or must refuse to disclose the personal information, if PPN is required to do so in terms of Chapter 4 of Part 2 and Chapter 4 of Part 3 of PAIA. These provisions deal with grounds to refuse access to records/personal information. If only part of the personal information may not be released, then the remainder must be released to the data subject.
  • If the data subject requests personal information relating to the data subject’s health and PPN in its discretion deems the release of the information potentially harmful to the data subject’s physical or mental health or well-being – then in such event PPN may, before giving access, consult with a health practitioner who has been nominated by the data subject. If the health practitioner holds the same opinion as PPN, then PPN may only release the personal information upon the data subject proving to the satisfaction of PPN that adequate provision has been made for the data subject’s counselling to alleviate or avoid such harm that may be forthcoming to the data subject upon release of the health related personal information.

Data subjects right to request the correction, destruction or deletion:

  • A data subject may request PPN, via prescribed Form 2 of the POPIA Regulations which is contained in appendix 2 below, to:
    1. - Correct or delete the personal information which is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; or
      - Destroy or delete a record of personal information about the data subject that PPN is no longer authorised to retain.
      - Upon PPN receiving a request in terms of the above, PPN will as soon as reasonably practicable:
      - correct the information;
      - destroy or delete the information;
      - provide the data subject with credible evidence in support of why the information is being hold by PPN (written consent or if information held in co-operation of an alternate legal duty or pursuant to a contractual obligation or for the legitimate interests of the data subject); or
      - where the data subject and PPN cannot come to agreement and if the data subject requests, PPN must mark/label any information it shall keep which was not corrected - “this information has been requested to be corrected but the correction has not been made”.
  • If PPN has had to carry out any of the instructions of the data subject in terms of above which will possibly impact PPN on decisions and contractual relations going forward, PPN will inform each person or entity whom the correction of information or deletion will likewise affect.
  • Once PPN actions out the request of the data subject in terms of the above, PPN will notify the data subject of the action taken by PPN.

Data subjects right to object to the processing of the data subject’s personal information:

  • In the event that:
    1. - PPN is processing the personal information within the legitimate interests of the data subject; or
      - PPN is processing the personal information as it is necessary for the proper performance of a public law duty by a public body; or
      - If PPN is processing the personal information as it is necessary for PPN’s own legitimate interests or for the legitimate interests of the relevant medical scheme or provider

The data subject can object to the processing via Form 1 of the Regulations of POPIA, as contained in appendix 2 below. There has to be reasonable grounds for the objection taking all of POPIA into account as well as objective criteria surrounding the data subject’s circumstances.

APPENDIX 1

FORM C Click Here

No. Description Fee in Rands
1 The fee for a copy of the manual as contemplated in regulation 9(2)(c) for every photocopy of an A4- size page or part thereof 1.10
2 The fees for reproduction referred to in regulation 11(1) are as follows:
(a) For every photocopy of an A4-size page or part thereof 1.10
(b) For every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine readable form 0.75
(c) For a copy in a computer-readable form on –
(i) stiffy disc 7,50 7.50
(ii) compact disc 70.00
(d) (i) For a transcription of visual images, for an A4-size page or part thereof 40.00
(ii) For a copy of visual images 60.00
(e) (i) For a transcription of an audio record, for an A4-size page or part thereof 20.00
(ii) For a copy of an audio record 30.00
3 The request fee payable by a requester, other than a personal requester, referred to in regulation 11(2) 50.00
4 The access fees payable by a requester referred to in regulation 11(3) are as follows:
(1)(a) For every photocopy of an A4-size page or part thereof 1.10
b) For every printed copy of an A4-size page or part 0.75
thereof held on a computer or in electronic or machine readable form 0.75
c) For a copy in a computer-readable form on -
i) stiffy disc 7.50
ii) compact disc 70.00
(d) (i) For a transcription of visual images, for an A4-size page or part thereof 40.00
(ii) For a copy of visual images 60.00
(e) (i) For a transcription of an audio record, for an A4-size page or part thereof 20,00 20.00
(ii) For a copy of an audio record .30.00
f) To search for and prepare the record for disclosure for each hour or part of an hour reasonably required for such search and preparation. 30.00

APPENDIX 2

FORM 2 (page 14) Click Here

FORM 1 (page 12) Click Here

Contact Form