Feather-Light Services IT & Design (FLS)

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").

Compiled 21 June 2021

INDEX

1. Introduction

2. Definitions

3. Contact Details of Information Officer

4. The Act (Section 51 of the Promotion to Access of Information Act)

5. Schedule of Records

6. Form of Request

7. Grounds of Refusal of Access to Records

8. Fees

1. Introduction

FLS provides IT and Design services to individuals in both the corporate and home market.

FLS supports the constitutional right of access to information, and we are committed to provide our customers 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. Definitions

'Constitution' means the Constitution of the Republic of South Africa, 1996 (Act 108 of 1996);

'Human Rights Commission' means the South African Human Rights Commission referred to in section 181 (1) (b) of the Constitution

'individual's next of kin' means- (a) an individual to whom the individual was married immediately before the individual's death; (b) an individual with whom the individual lived as if they were married immediately before the individual's death; (c) a parent, child, brother or sister of the individual; or (d) if- (i) there is no next of kin referred to in paragraphs (a), (b) and (c); or (ii) the requester concerned took all reasonable steps to locate such next of kin, but was unsuccessful, an individual who is related to the individual in the second degree of affinity or consanguinity;

'person' means a natural person or a juristic person;

'personal information' means information about an identifiable individual, including, but not limited to- (a) 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 individual; (b) information relating to the education or the medical, criminal or employment history of the individual or information relating to financial transactions in which the individual has been involved; (c) any identifying number, symbol or other particular assigned to the individual; (d) the address, fingerprints or blood type of the individual; (e) the personal opinions, views or preferences of the individual, except where they are about another individual or about a proposal for a grant, an award or a prize to be made to another individual; (f) correspondence sent by the individual that is implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence; (g) the views or opinions of another individual about the individual; (h) the views or opinions of another individual about a proposal for a grant, an award or a prize to be made to the individual, but excluding the name of the other individual where it appears with the views or opinionsof the other individual; and (i) the name of the individual where it appears with other personal information relating to the individual or where the disclosure of the name itself would reveal information about the individual, but excludes information about an individual who has been dead for more than 20 years;

'personal requester' means a requester seeking access to a record containing personal information about the requester;

'private body' means- (a) a natural person who carries or has carried on any trade, business or profession, but only in such capacity; (b) a partnership which carries or has carried on any trade, business or profession; or (c) any former or existing juristic person, but excludes a public body;

'record' of, or in relation to, a public or private body, means any recorded information- (a) regardless of form or medium; (b) in the possession or under the control of that public or private body, respectively; and (c) whether or not it was created by that public or private body, respectively;

'request for access', in relation to- (b) a private body, means a request for access to a record of a private body in terms of section 50;

'requester', in relation to-(b) a private body, means- (i) any person, including, but not limited to, a public body or an official thereof, making a request for access to a record of that private body; or (ii) a person acting on behalf of the person contemplated in subparagraph (i) of the Act

'third party', in relation to a request for access to (b) a record of a private body, means any person (including, but not limited to, a public body) other than the requester, but, for the purposes of sections 34 and 63, the reference to 'person' in paragraphs (a) and (b) must be construed as a reference to 'natural person';

'the Act' includes any regulation made and in force in terms of section 92 of the PAIA act;

3. Contact Details

Information Officer: Alastair Stewart

Email: alastair@featherlightservices.co.za

Phone: +27 (0) 61 435 8833

Postal Address: 16 Devon Court, Corner of Devon and Main Road, Lakeside, 7945, WC, South Africa

4. 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.

ACCESS TO RECORDS OF PRIVATE BODIES (ss 50) Right of access to records of private bodies

(1) A requester must be given access to any record of a private body if- (a) that record is required for the exercise or protection of any rights; (b) that person complies with the procedural requirements in this Act relating to a request for access to that record; and (c) access to that record is not refused in terms of any ground for refusal contemplated in Chapter 4 of the Act.

The ACT grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest.

Requests in terms of the ACT shall be made in accordance with the prescribed procedures, at the rates provided. The forms and tariff are dealt with in paragraphs 6 and 7 of the Act.

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

Telephone Number: +27-11-877 3600

Fax Number: +27-11-403 0625

Website: www.sahrc.org.za

The full PAIA Act can be consulted here: https://www.justice.gov.za/inforeg/legal.html

5. Schedule of Records

FLS Collects and Processes the Following Information:

Internal Records

o Customer Onboarding date

o Financial transaction records

o Software/Hardware Purchase records

o Communication records

o Project/Service Progress, Timelines, and Completion records

o Photographic records

Customer Records

o Full names of individuals and companies

o Email Addresses

o Mobile, Home, and Office telephone numbers

o Physical Addresses of private homes and offices

o Login details

o Software registration/license keys

o Storage media

o Remote login credentials

o Website links

o Brand design information

o Original Copywrite

o Product information

o Individual or business qualification, membership, affiliation, and certification information

6. Form of Request

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 the FLS.

Kindly note that all requests to FLS will be evaluated and considered in accordance with the Act. You can download the form of request here and submit it to the Information Officer using the details listed above.

7. Grounds of Refusal for Access to Records

In terms of sections 62 to 73 of the Act, FLS may refuse access to a record for the protection of the rights of a person, private body, or third party.

In the case that a request for access to records is refused, the requester will be notified. The requester has the right to appeal the refusal with the Information Regulator ( https://www.justice.gov.za/inforeg/portal.html )

8. Fees

When a request for data is made, the quantity and format of the data required by the customer will be ascertained, upon which a quote will be provided to the customer for fees for the compilation and delivery of the requested data.

Last Updated 30 June 2021