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PROMOTION OF ACCESS TO INFORMATION ACT SECTION 51 MANUAL Introduction This Manual is published in terms of Section 51 of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (“the Act”). The Act gives effect to the provisions of Section 32 of the Constitution, which provides for the right of access to information held by the State and to information held by another person that is required for the exercise and / or protection of any right. The reference to any information in addition to that specifically required in terms of Section 51 of the Act does not create any right or entitlement (contractual or otherwise) to receive such information, other than in terms of the Act. 1 Venture-Net OVERVIEWVenture-Net provides a wide range of Internet services to home and corporate users.
Venture-Net supports the constitutional right of access to information and we are committed to provide you access to our records in accordance with the provisions of the Act, the confidentiality we owe third parties and the principles of South African law.2 AVAILABILITY OF THIS MANUALA copy of this Manual is available on our website (www.venturenet.co.za) or by sending a request for a copy to the Information Officer by email. The Manual may also be obtained from our head office, the South African Human Rights Commission (“SAHRC”) at the addresses set out below or from the Government Printers. This Manual will be updated from time to time, as and when required.3 HOW TO REQUEST ACCESS TO RECORDS HELD BY VENTURENETRequests for access to records held by VENTURENET must be made on the request forms that are available from our website and office, from the SAHRC website ( www.sahrc.org.za). A request fee may be payable (the schedule of fees can be accessed here). You can submit a request without paying the request fee but please note that payment of the prescribed fees must be made before the request will be processed.Requests for access to records must be made to our Information Officer at the address, fax number or electronic mail address provided for below. The requester must provide sufficient detail on the request form to enable the Information Officer to identify the record and the requester. The requester should also indicate which form of access is required and indicate if he or she wishes to be informed in any other manner and state the necessary particulars to be so informed. The requester must identify the right that he or she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right. If a request is made on behalf of a person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the Information Officer of ISP X. The standard form that must be used for the making of requests can be accessed here.Not using this form could cause your request to be refused (if you do not provide sufficient information or otherwise) or delayed. Kindly note that all requests to Venture-Net will be evaluated and considered in accordance with the Act. Publication of this manual and describing the categories and subject matter of information held by ISP X does not give rise to any rights (in contract or otherwise) to access such information or records except in terms of the Act. 4 CONTACT DETAILSSouth Coast Data Systems cc T/A Venture-Net Molly Mudley +27 (39) 688 8333
P.O. Box 45105
Port Shepstone
4240
16 Bazley Street
Port Shepstone
Fax 039 688 8350
The Guide described in Section 10 of the Act is due in August 2003. From that date it will be available from the South African Human Rights Commission. Please direct any queries to: The South African Human Rights Commission:PAIA Unit The Research and Documentation Department Postal address: Private Bag 2700 Houghton 2041 Telephone: +27 11 484-8300 Fax: +27 11 484-0582 Website: www.sahrc.org.za E-mail: paia@sahrc.org.za6 VOLUNTARY DISCLOSUREVenturenet has not published a notice in terms of Section 52(2) of the Act, however, it should be noted that the Information relating to Venturenet and its services is freely available on Venturenet’s website. Certain other nformation relating to ISP X is also made available on such website from time to time. Further information in the form of marketing brochures, advertising material and other public communication is made available from time to time. 7 RECORDS AVAILABLE IN TERMS OF ANY OTHER LEGISLATIONInformation is available in terms of the following legislation to the persons or entities specified in such legislation: Companies Act 61 of 1973 Income Tax Act 58 of 1962 Value Added Tax Act 89 of 1991 Labour Relations Act 66 of 1995 Basic Conditions of Employment Act 75 of 1997 Employment Equity Act 55 of 1998 Skills Development Levies Act 9 of 1999 Unemployment Insurance Act 30 of 1966 Electronic Communications and Transactions Act 25 of 2002. Telecommunications Act 103 of 1996 Electronic Communications Act 36 of 2005 ICASA Act 13 of 2000 Film and Publications Act 65 of 1996 Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2002
8 RECORDS HELD BY VENTURENETVenturenet maintains records on the following categories and subject matters. However, please note that recording a category or subject matter in this Manual does not imply that a request for access to such records would be honoured. All requests for access will be evaluated on a case by case basis in accordance with the provisions of the Act.8.1 Internal recordsThe following are records pertaining to Venture-Net ’s own affairs and those of its divisions,subsidiary and associated companies: Financial records Operational records Licences Intellectual property Marketing records; Internal correspondence; Product records; Statutory records; Internal policies and procedures; Records held by officials of Venture-Net. 8.2 Personnel recordsPersonnel refers to any person who works for or provides services to or on behalf of Venturenet and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of Venturenet. This includes, without limitation, directors, executive directors, non-executive directors, all permanent, temporary and part-time staff as well as contract workers. Personnel records include the following: Any records a third party has provided to ISP X about any of their personnel; Conditions of employment and other personnel-related contractual and quasi-legal records; Internal evaluation records; and Other internal records and correspondence. 8.3 Customer recordsPlease be aware that Venturenet is very concerned about protecting the confidential information of its customers. Please motivate any request for customer information very carefully, having regard to Sections 63 to 67 of the Act. Customer information includes the following: Contractual information; Customer needs assessments; Personal records of customers; Credit information and other research conducted in respect of customers; Any records a third party has provided to ISP X about customers; Confidential, privileged, contractual and quasi-legal records of customers; Customer evaluation records; Customer profiling; Performance research conducted on behalf of customers or about customers; Any records a third party has provided to ISP X either directly or indirectly; and Records generated by or within ISP X pertaining to customers, including transactional records. 8.4 Technical recordsTBA 8.5 Other PartiesRecords are kept in respect of other parties, including without limitation contractors, suppliers, joint ventures, service providers and general market conditions. In addition, such other parties may possess records, which can be said to belong to Venturenet. The following records fall under this category: Records held by ISP X pertaining to other parties, including financial records, correspondence, contractual records, electronic mail, logs, cached information, records provided by the other party, and records third parties have provided about the contractors/suppliers or customer. 8.6 Other RecordsFurther records are held including:- Research carried out on behalf of a client by ISP X or commissioned from a third party for a customer; Research information belonging to ISP X, whether carried out itself or commissioned from a third party. |
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PAIA Manual |