PAIA Policy

The Promotion of Access to Information Act, 2000, gives effect to section 32 of the Constitution, which provides that everyone has the right to access information held by the State or any other person (or private body), when that information is required for the exercise or protection of any rights. The purpose of PAIA is to:

foster a culture of transparency and accountability in public and private bodies by giving effect to the right of access to information, and to; and
actively promote a society in which the people of South Africa have effective access to information to enable them to exercise and protect all their rights more fully.

Forsurance Lifestyle Consultants (Pty) Limited recognises everyone’s right to access to information and is committed to provide access to Forsurance Lifestyle Consultants (Pty) Limited’s records where the proper procedural requirements as set out by PAIA and POPIA have been met.

THE FORSURANCE LIFESTYLE CONSULTANTS' INFORMATION OFFICER

The Information Officer and/or the Deputy Information Officer of Forsurance Lifestyle Consultants (Pty) Limited are responsible for:

The facilitation of any request for access
Providing adequate notice and feedback to the requester;
Determining whether to grant a request for access to a complete/full record or only part of a record;
Ensuring that access to a record, where so granted, is provided timeously and in the correct format; and
Reviewing the manual for accuracy and communicating any amendments.

1.1 Right of Access

The Information Officer and/or Deputy Information Officer may only provide access to any record held by Forsurance Lifestyle Consultants (Pty) Limited to a requester if:

The record is required for the exercise or protection of any right;
The requester complies with the procedural requirements relating to a request for access to that record; and
Access to that record is not refused in terms of any of the grounds for refusal listed below.

The Requestor must complete and submit Annexure E to Forsurance Lifestyle Consultants (Pty) Limited.

1.2 Grounds for Refusal

The Information Officer and/or Deputy Information Officer must assess whether there are any grounds for refusing a request for access. Where any grounds for refusal are found, a request for access will not be granted and the Information Officer and/or Deputy Information Officer. must complete Annexure H and make the completed Annexure available to the Requestor. However, despite finding any grounds for refusal, access to the record(s) will be provided where:

the disclosure of the record would reveal evidence of a substantial contravention of, or failure to comply with the law or imminent and serious public or environmental risk; and
the public interest in disclosing record, will clearly outweigh the harm contemplated in the provision in question, where there are no grounds for refusal, request for access will be granted. If a request for access is made with regards to a record containing information that would justify a ground for refusal, every part of the record which does not contain; and can reasonably be severed from any part that contains, any such information must, despite any other provision of PAIA, also be disclosed, the grounds for refusal, or absence thereof, are set out below: A: Mandatory Protection of privacy of a Third Party who is a Natural Person
Grounds for Refusal:

The disclosure would involve the unreasonable disclosure of personal information about a third party that is a natural person (including a deceased individual).

No Grounds for Refusal:
The record consists of information that concerns an individual who has already consented in writing to its disclosure to the requester concerned.
The record consists of information that is already publicly available.
The record consists of information that was given to Forsurance Lifestyle Consultants (Pty) Limited by the individual to whom it relates and the individual was informed by or on behalf of Forsurance Lifestyle Consultants (Pty) Limited, before it is given, that the information belongs to a class of information that would or might be made available to the public.
The record consists of information about an individual’s physical or mental health, or well-being, who is under the care of the requester and who is under the age of 18; or incapable of understanding the nature of the request, and if giving access would be in the individual’s best interest.
The record consists of information about an individual who is deceased and the requester is the individual’s next of kin or making the with the written consent of the individual’s next of kin.
The record consists of information about an individual who is or was an official of Forsurance Lifestyle Consultants (Pty) Limited and which relates to the position or functions of the individual, including, but not limited to the title, work address, work phone number, the classification, salary scale or remuneration and responsibilities of the position heled or services performed by the individual and the name of the individual on a record prepare by the individual in the course of employment.
B: Mandatory Protection of Commercial Information of a Third Party
Grounds for Refusal
The record consists of information that contains trade secrets of a third party.
The record consists of information that contains 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.
The record consists of information supplied in confidence by a third party, the disclosure of which could reasonably be expected to put that third party at a disadvantage in contractual or other negotiations or to prejudice that third party in commercial competition.
No Grounds for Refusal
The record consists of information about a third party who has consented who has already consented in writing to its disclosure to the requester concerned.
The record consists of information about 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 (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).
C: Mandatory Protection of certain Confidential Information of a Third Party Grounds for Refusal § The record consists of information the disclosure of which would constitute an action for breach of a duty of confidence owed to a third party in terms of an agreement.
D: Mandatory Protection of Safety of Individuals and Protection of Property
Grounds for Refusal
§ The record consists of information that if disclosed could reasonably be expected to endanger the life or physical safety of an individual. § The record consists of information that if disclosed would likely prejudice or impair the security of a building, a structure or system, a computer or communication system, a means of transport, any other property.
§ The record consists of information that if disclosed would likely prejudice or impair the security of methods, systems, plans or procedures for the protection of an individual in accordance with a witness protection scheme, the safety of the public, or any part of the public, or the security of property. E: Mandatory Protection of Records privileged from Production in Legal Proceedings
Grounds for Refusal § The record consists of information privileged from production in legal proceedings unless the person entitled to the privilege has waived the privilege. F: Commercial Information of Forsurance Lifestyle Consultants (Pty) Limited Grounds for Refusal § The record consists of information that contains trade secrets of Forsurance Lifestyle Consultants (Pty) Limited. § The record consists of information that contains financial, commercial, scientific or technical information, other than trade secrets, of Forsurance Lifestyle Consultants (Pty) Limited, the disclosure of which would likely cause harm to the commercial or financial interests of Forsurance Lifestyle Consultants (Pty) Limited. § The record consists of information, the disclosure of which, could reasonably be expected to put Forsurance Lifestyle Consultants (Pty) Limited at a disadvantage in contractual or other negotiations or prejudice Forsurance Lifestyle Consultants (Pty) Limited in commercial competition. The record is a computer program as defined in section 1(1) of the Copyright Act (Act 98 of 1978), owned by Forsurance Lifestyle Consultants (Pty) Limited, except insofar as it is required to give access to a record to which access is granted in terms of PAIA. No Grounds for Refusal § The record consists of information about the results of any product or environmental testing or other investigation supplied by Forsurance Lifestyle Consultants (Pty) Limited or the results of any such testing or investigation carried out by or on behalf of Forsurance Lifestyle Consultants (Pty) Limited and its disclosure would reveal a serious public safety or environmental risk (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). G: Mandatory Protection of Research Information of a Third Party and Forsurance Lifestyle Consultants (Pty) Limited Grounds for Refusal § The record consists of information that contains information about research being or to be carried out by or on behalf of a third party, the disclosure of which would be likely to expose the third party, a person that is or will be carrying out the research on behalf of the third party, or the subject matter of the research to serious disadvantage. § The record consists of information that contains information about research being or to be carried out by or on behalf of Forsurance Lifestyle Consultants (Pty) Limited, the disclosure of which would be likely to expose Forsurance Lifestyle Consultants (Pty) Limited, a person that is or will be carrying out the research on behalf of Forsurance Lifestyle Consultants (Pty) Limited, or the subject matter of the research to serious disadvantage.