PAIA manual

The Promotion of Access to Information Act, 2000 ("PAIA") came into operation on 9 March 2001. PAIA seeks, among other things, to give effect to the Constitutional right of access to any information held by the State or by any other person where such information is required for the exercise or protection of any right and gives natural and juristic persons the right of access to records held by either a private or public body, subject to certain limitations, in order to enable them to exercise or protect their rights. Where a request is made in terms of PAIA to a private body, that private body must disclose the information if the requester is able to show that the record is required for the exercise or protection of any rights and provided that no grounds of refusal contained in PAIA are applicable. PAIA sets out the requisite procedural issues attached to information requests.

Section 51 of PAIA obliges private bodies to compile a manual to enable a person to obtain access to information held by such a body and stipulates the minimum requirements that the manual has to comply with.

This Manual constitutes BP’s PAIA manual. This Manual is compiled in accordance with section 51 of PAIA as amended by the Protection of Personal Information Act, 2013 ("POPIA"), which gives effect to everyone’s Constitutional right to privacy and largely commenced on 1 July 2020. POPIA promotes the protection of personal information processed by public and private bodies, including certain conditions so as to establish minimum requirements for the processing of personal information. POPIA amends certain provisions of PAIA, balancing the need for access to information against the need to ensure the protection of personal information by providing for the establishment of an Information Regulator to exercise certain powers and perform certain duties and functions in terms of POPIA and PAIA, providing for the issuing of codes of conduct and providing for the rights of persons regarding unsolicited electronic communications and automated decision making in order to regulate the flow of personal information and to provide for matters concerned therewith.

This PAIA manual also includes information on the submission of objections to the processing of personal information and requests to delete or destroy personal information or records thereof in terms of POPIA.

Information Officer:

Nazeem Braaf

Deputy Information Officer:

Babalwa Konono

Direct Tel: 011 488 5111

Email: zaprivacy@bp.com

Physical address:

199 Oxford Road

Oxford Parks

Dunkeld2196

Postal address

PO Box 1554

Johannesburg2000

An Official Guide has been compiled which contains information to assist a person wishing to exercise a right of access to information in terms of PAIA and POPIA. This Guide is made available by the Information Regulator (established in terms of POPIA). Copies of the updated Guide are available from Information Regulator in the manner prescribed. Any enquiries regarding the Guide should be directed to:

Postal Address:

33 Hoofd Street

Forum III, 3rd Floor Braampark

Braamfontein, Johannesburg

Telephone Number:+27 (0) 10 023 5207

E-mail Address:inforeg@justice.gov.za

Website:https://www.justice.gov.za/inforeg/

The objectives of this Manual are:

• to provide a list of all records held by the legal entity;
• to set out the requirements with regard to who may request information in terms of PAIA as well as the grounds on which a request may be denied;
• to define the manner and form in which a request for information must be submitted; and
• to comply with the additional requirements imposed by POPIA.

PAIA provides that a person may only make a request for information if the information is required for the exercise or protection of a legitimate right.

Information will therefore not be furnished unless a person provides sufficient particulars to enable BP to identify the right that the requester is seeking to protect as well as an explanation as to why the requested information is required for the exercise or protection of that right. The exercise of a data subject’s rights is subject to justifiable limitations, including the reasonable protection of privacy, commercial confidentiality and effective, efficient and good governance. PAIA and the request procedure contained in this Manual may not be used for access to a record for criminal or civil proceedings, nor should the information be requested after the commencement of such proceedings.

The Information Officer has been delegated with the task of receiving and coordinating all requests for access to records in terms of PAIA, in order to ensure proper compliance with PAIA and POPIA.

The Information Officer will facilitate the liaison with the internal legal team on all of these requests.

All requests in terms of PAIA and this Manual must be addressed to the Information Officer using the details in paragraph 3 above.

Personnel Information:

These records include employment contracts of all BP employees, employment policies and remuneration details.

Business records of BP:

These records include:

(a) Financial records

(b) Minutes of meetings of the executive committee, departmental meetings and staff meetings.

(c) Strategic plans and other operational policies

(d) Annual reports and other statutory reports

(e) Newsletters, press releases and other publications

9.1. Categories of personal information collected by BP

BP may collect information relating to an identifiable, living, natural person, and where it is applicable and identifiable, existing juristic person, including, but not limited to-

- information relating to the race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and birth of the person;

- information relating to the education or the medical, financial, criminal or employment history of the person;

- any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignments to the person;

- the biometric information of the person;

- the personal opinions, views or preferences of the person;

- correspondence sent by the person that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence;

- the views or opinions of another individual about the person; and

- the name of the person if it appears with other personal information relating to the person or if the disclosure of the name itself would reveal information about the person;.

9.2. The purpose of processing personal information

In terms of POPIA, personal information must be processed for a specified purpose. The purpose for which personal information is processed by BP will depend on the nature of the personal information and the particular data subject. This purpose is ordinarily disclosed, explicitly or implicitly, at the time the personal information is collected.

In general, personal information is processed for purposes of dealing with complaints under the CPA, procurement purposes, records management, security, employment and related matters.

9.3. A description of the categories of data subjects

BP holds information and records on the following categories of data subjects:

- Employees/personnel of BP

- Any third party with whom BP conducts business;

- Contractors of BP;

- Suppliers of BP.

(This list of categories of data subjects is non-exhaustive.)

9.4. The recipients or categories of recipients to whom the personal information may be supplied

Depending on the nature of the personal information, BP may supply information or records to the following categories of recipients:

Statutory oversight bodies, regulators or judicial commissions of enquiry making a request for personal information;

- Any court, administrative or judicial forum, arbitration, statutory commission, or ombudsman making a request for personal information or discovery in terms of the applicable rules;

- South African Revenue Services, or another similar authority;

- Anyone making a successful application for access in terms of PAIA or POPIA; and

- Subject to the provisions of POPIA and other relevant legislation, BP may share information about a client’s creditworthiness with any credit bureau or credit providers industry association or other association for an industry in which BP operates.

9.5. Planned transborder flows of personal information

If a data subject visits BP's website from a country other than South Africa, the various communications will necessarily result in the transfer of information across international boundaries.

BP may need to transfer a data subject's information to service providers in countries outside South Africa, in which case it will fully comply with applicable data protection legislation.

These countries may not have data protection laws that are similar to those of South Africa.

9.6. A general description of information security measures to be implemented by BP

BP takes extensive information security measures to ensure the confidentiality, integrity and availability of personal information in our possession. BP takes appropriate technical and organisational measures designed to ensure that personal information remains confidential and secure against unauthorised or unlawful processing and against accidental loss, destruction or damage.

Information is available in terms of certain provisions of the following legislation to the persons or entities specified in such legislation:

• Administration of Estates Act 66 of 1965
• Basic Conditions of Employment Act 75 of 1997
• CPA
• Close Corporations Act 69 of 1984
• Companies Act 71 of 2008
• Compensation for Occupational Injuries and Health Diseases Act 130 of 1993
• Employment Equity Act 55 of 1998
• Estate Agency Affairs Act 112 of 1976
• Income Tax Act 58 of 1962
• Insolvency Act No. 24 of 1936
• Labour Relations Act 66 of 1995
• Occupational Health & Safety Act 85 of 1993
• Pension Funds Act 24 of 1956
• Skills Development Act 97 of 1998
• Skills Development Levies Act 9 of 1999
• Stock Exchanges Control Act 1 of 1985 (and the rules and listing requirements of the JSE Securities Exchange authorised in terms thereof)
• Unemployment Contributions Act 4 of 2002
• Unemployment Insurance Act 30 of 1966
• Value Added Tax Act 89 of 1991

BP maintains records on the categories and subject matters listed below. 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 granted. All requests for access will be evaluated on a case by case basis in accordance with the provisions of PAIA.

Please note further that many of the records held by BP are those of third parties, such as clients and employees, and BP takes the protection of third party confidential information very seriously. For further information on the grounds of refusal of access to a record please see paragraph 12.5 below. Requests for access to these records will be considered very carefully. Please ensure that requests for such records are carefully motivated.

12.1. Completion of the prescribed form

Any request for access to a record from a public body in terms of PAIA must substantially correspond with the form included in Appendix A hereto.

A request for access to information that does not comply with the formalities as prescribed by PAIA will be returned to you.

POPIA provides that a data subject may, upon proof of identity, request BP to confirm, free of charge, all the information it holds about the data subject and may request access to such information, including information about the identity of third parties who have or have had access to such information.

POPIA also provides that where the data subject is required to pay a fee for services provided to him/her, BP must provide the data subject with a written estimate of the payable amount before providing the service and may require that the data subject pays a deposit for all or part of the fee.

Grounds for refusal of the data subject’s request are set out in PAIA and are discussed below.

POPIA provides that a data subject may object, at any time, to the processing of personal information by BP, on reasonable grounds relating to his/her particular situation, unless legislation provides for such processing. The data subject must complete the prescribed form attached hereto as Appendix C and submit it to the Information Officer at the postal or physical address, facsimile number or electronic mail address set out above.

A data subject may also request BP to correct or delete personal information about the data subject in its possession or under its control that 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 BP is no longer authorised to retain records in terms of POPIA's retention and restriction of records provisions.

A data subject that wishes to request a correction or deletion of personal information or the destruction or deletion of a record of personal information must submit a request to the Information Officer at the postal or physical address, facsimile number or electronic mail address set out above on the form attached hereto as Appendix D.

12.2. Proof of identity

Proof of identity is required to authenticate your identity and the request. You will, in addition to this prescribed form, be required to submit acceptable proof of identity such as a certified copy of your identity document or other legal forms of identity.

12.3. Payment of the prescribed fees

There are two categories of fees which are payable:

• The request fee: R50
• The access fee: This is calculated by taking into account reproduction costs, search and preparation costs, as well as postal costs. These fees are set out in Appendix B.

Section 54 of PAIA entitles BP to levy a charge or to request a fee to enable it to recover the cost of processing a request and providing access to records. The fees that may be charged are set out in Regulation 9(2)(c) promulgated under PAIA.

Where a decision to grant a request has been taken, the record will not be disclosed until the necessary fees have been paid in full.

12.4. Timelines for consideration of a request for access

Requests will be processed within 30 (thirty) days unless the request contains considerations that are of such a nature that an extension of the time limit is needed.

Should an extension be required, you will be notified, together with reasons explaining why the extension is necessary.

12.5. Grounds for refusal of access and protection of information

There are various grounds upon which a request for access to a record may be refused. These grounds include:

• the protection of personal information of a third person (who is a natural person) from unreasonable disclosure;
• the protection of commercial information of a third party (for example trade secrets; financial, commercial, scientific or technical information that may harm the commercial or financial interests of a third party);
• if disclosure would result in the breach of a duty of confidence owed to a third party;
• if disclosure would jeopardise the safety of an individual or prejudice or impair certain property rights of a third person;
• if the record was produced during legal proceedings unless that legal privilege has been waived;
• if the record contains trade secrets, financial or sensitive information or any information that would put BP (at a disadvantage in negotiations or prejudice it in commercial competition); and/or
• if the record contains information about research being carried out or about to be carried out on behalf of a third party or by BP.

Section 70 PAIA contains an overriding provision. Disclosure of a record is compulsory if it would reveal (i) a substantial contravention of, or failure to comply with the law; or (ii) there is an imminent and serious public safety or environmental risk; and (iii) the public interest in the disclosure of the record in question clearly outweighs the harm contemplated by its disclosure.

If the request for access to information affects a third party, then such third party must first be informed within 21 (twenty-one) days of receipt of the request. The third party would then have a further 21 (twenty-one) days to make representations and/or submissions regarding the granting of access to the record.

If the Information Officer decides to grant you access to the particular record, such access must be granted within 30 (thirty) days of being informed of the decision.

There is no internal appeal procedure that may be followed after a request to access information has been refused. The decision made by the Information Officer is final. In the event that you are not satisfied with the outcome of the request, you are entitled to apply to the Information Regulator or a court of competent jurisdiction to take the matter further.

Where a third party is affected by the request for access and the Information Officer has decided to grant you access to the record, the third party has 30 (thirty) days in which to appeal the decision in a court of competent jurisdiction. If no appeal has been lodged by the third party within 30 (thirty) days, you must be granted access to the record.

Appendix A –

REPUBLIC OF SOUTH AFRICA

FORM C

REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY

(Section 53(1) of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000))

[Regulation 10]

A. Particulars of private body The Head:

B. Particulars of person requesting access to the record

Full names and surname: _________________________________________________________________

Identity number: ________________________________________________________________________

Postal address: ________________________________________________________________________

Telephone number: ___(____)_____________________Fax_____________________________________

E-mail address: ________________________________________________________________________

Capacity in which request is made, when made on behalf of another person:

C. Particulars of person on whose behalf request is made

 Full names and surname: ________________________________________________________________________

Identity number: _______________________________________________________________________________

D. Particulars of record

 1. Description of record or relevant part of the record:

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

2. Reference number, if available:

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

3. Any further particulars of record:

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

E. Fees

Reason for exemption from payment of fees:

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

F. Form of access to record

If you are prevented by a disability to read, view or listen to the record in the form of access provided for in 1 to 4 below, state your disability and indicate in which form the record is required.

G. Particulars of right to be exercised or protected

 1. Indicate which right is to be exercised or protected:

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

2. Explain why the record requested is required for the exercise or protection of the aforementioned right:

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

1 H. Notice of decision regarding request for access

How would you prefer to be informed of the decision regarding your request for access to the record?

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

_________________________________________________________________________________________________________________________________________________________

Signed at ……………………………………………. this day………… of ………………………………year ……….

………………………………………………………………SIGNATURE OF REQUESTER /PERSON ON WHOSE BEHALF REQUEST IS MADE

Appendix B - FEES IN RESPECT OF PRIVATE BODIES

1. The “request fee” payable by a requester, other than a personal requester, referred to in section 54(1) of the Act, is R50

2. The “fees for reproduction” referred to in section 52(3) and “access fees” payable by a requester referred to in section 54(7), unless exempted under section 54(8) of the Act, are as follows: (a) for every photocopy of an A4-size page or part thereof R1 - R10 (b) for every printed copy of an A4-size page or part thereof held on a computer or in electronic or machine-readable form R0 - R75 (c) for a copy in a computer-readable form on: (i) stiffy disc R7 - R50; (ii) compact disc R70 (d) (i) for a transcription of visual images, for an A4-size page or part thereof R40; (ii) for a copy of visual images R60 (e) (i) for transcription of an audio record, for an A4-size page or part thereof R20; (ii) for a copy of an audio record R30 (f) To search for the record for disclosure, R30 for each hour or part of an hour reasonably required for such search.

The actual postal fee is payable when a copy of a record must be posted to a requester Exemptions from paying “access fees”

Person or persons exempted from paying access fees:- (i) A single person whose annual income does not exceed R14,712.00; or (ii) Married persons or a person and his/her life partner whose annual income does not exceed R27,192.00

Appendix C - FORM 1 OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION IN

TERMS OF SECTION 11(3) OF POPIA

REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018

[Regulation 2]

Note:

1. Affidavits or other documentary evidence as applicable in support of the objection may be attached.

2. If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.

3. Complete as is applicable.

Signed at .......................................... this ...................... day of ...........................20………

...............................................................

Signature of data subject/designated person

Appendix D - FORM 2

REQUEST FOR CORRECTION OR DELETION OF PERSONAL INFORMATION OR DESTROYING OR DELETION OF RECORD OF PERSONAL INFORMATION IN TERMS OF SECTION 24(1) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013)

REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018

[Regulation 3]

Note:

1. Affidavits or other documentary evidence as applicable in support of the request may be attached.

2. If the space provided for in this Form is inadequate, submit information as an Annexure to this Form and sign each page.

3. Complete as is applicable.

Mark the appropriate box with an "x".

Request for:

Signed at .......................................... this ...................... day of ...........................20………...

...........................................................................

Signature of data subject/ designated person