PROMOTION OF ACCESS TO INFORMATION ACT
Section 51 Manual
Introduction
Access to Information Act
This manual is published and prepared in accordance with Section 51 of the Promotion of Access to Information Act No. 2 of 2000 (‘the PAIA Act’) for SMS ICT Choice (Pty) Ltd cc (t/a ICT Choice).
The PAIA 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.
Company Overview
SMS ICT Choice (Pty) Ltd, trading as ICT Choice, is a leading ICT solutions and consulting provider with strategic alliances with specialist local and global companies in the areas of cyber resilience/security, data protection, networking, video conferencing, internet service provision, telecommunications, and hardware services.
ICT Choice supports the constitutional right of access to information and is committed to providing you with access to our records in accordance with the provisions of the PAIA Act, tempered by the confidentiality we owe to third parties and in accordance with the principles of South African law.
Contact Details
(Information required under section 51 (1) (a) of the Act)
Name of Body: SMS ICT Choice (Pty) Ltd cc (t/a ICT Choice)
Physical Address: Chesswood Office Park – Block B, 8-10 Winkley Street, Berea, EAST LONDON 5201
Postal Address: P.O. Box 610, Gonubie, EAST LONDON, 5256 Head of Body: Sydwell Maqula Telephone: 043 722 2294
E-mail: abuse@ictchoice.co.za.
Guide On How to Use the PAIA Act
The Information Regulator has, in terms of section 10(1) of the PAIA Act, provided a guide on how to use the PAIA Act (“the Guide”)
It is designed to be easily understood by a person who wishes to exercise any right provided for in the PAIA Act or in the Protection of Personal Information Act 4 of 2013 (“the POPI Act”).
The guide is available in all the official languages as well as in Braille and contains a description of, amongst other things:
- the objects of the PAIA Act and the POPIA Act;
- the postal and street address, phone and fax number and, if available, electronic mail address of the Information Officer of every public body,
- the manner and form of a request for access to a record of a public or private body;
- the assistance available from the Information Regulator in terms of the PAIA and POPIA Acts;
- the remedies available regarding an act or failure to act in respect of a right or duty conferred or imposed by the PAIA and POPIA Acts; and
- Fees are to be paid for requests for access to information.
- During normal working hours, members of the public can inspect or make copies of the Guide from the offices of both private and public bodies, including the office of the Information Regulator, during normal working hours.
PAIA Forms – Information Regulator www.inforegulator.org.za
The Guide can also be obtained as follows: - upon request to an Information Officer or to the Information by means of the relevant request form available for download at PAIA Forms – Information Regulator (inforegulator.org.za); and
- from the website of the Information Regulator at PAIA Guidelines – Information Regulator (inforegulator.org.za), where the Guide is available in English, Afrikaans, isiNdebele, isiXhosa, isiZulu, Siswati, Sepedi, Sesotho, Setswana, Tshivenda, and Xitsonga.
How to Request Access to Records Held by ICT Choice
Requests for access to records held by SMS ICT CHOICE (PTY) LTD must be made on the request form as guided by the Information Regulator with upfront settlement of the related Record Fees.
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, to the satisfaction of the Information Officer of ICT Choice, of the capacity in which the requester is making the request
Records Available in Terms of any Other Legislation
(Information required under section 51(1)(d) of the Act)
Records are kept in accordance with such other legislation as is applicable to SMS ICT Choice (Pty) Ltd, which includes, but is not limited to, the following legislation: Companies Act 61 of 1973, Income Tax Act 58 of 1962, Unemployment Insurance Act 63 of 2001, Value Added Tax Act 89 of 1991, Compensation for Occupational Injuries and Diseases Act 130 of 1993, Occupational Health and Safety Act 85 of 1993,
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, Telecommunications Act 103 of 1996
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, Telecommunications Act 103 of 1996
Additional Legislative Frameworks:
- Electronic Communications and Transactions Act 25 of 2002.
- 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
- Cybercrimes Act 19 of 2020
Processing of Personal Information in terms of the POPI Act
ICT Choice processes personal information of data subjects for the purposes of Sec 51 (1)(c)(i)
- Fulfilling obligations in terms of applicable legislation
- Obtaining information necessary to services to a customer
- Record keeping for fulfilling business objectives.
- ICT Choice may process the personal information of customers, employees, job applicants, agents, contractors, and service providers.
- The personal information processed may include Name, identity/passport number, email address, physical address, telephone number, correspondence sent by the data subject
ICT Choice may supply personal information to the following recipients: Sec 51 (1)(c)(iii)
- Regulatory, statutory and government bodies
- Suppliers, service providers and vendors
- Employees
- Third-party verification agencies and credit bureaus
- Collection agencies
- Banks and other financial institutions.
ICT Choice has reasonable technical and organizational measures in place to ensure that the integrity of personal information in its possession is secure and protected against unauthorized or unlawful access.
Records Held by ICT Choice
SMS ICT Choice (Pty) Ltd maintains records on the following categories and subject matter. However, please note that recording a category or subject matter in this manual does not imply that a request for access to such records will be honored. All requests for access will be evaluated on a case-by-case basis in accordance with the provisions of the PAIA Act.
Internal Records
The following are records pertaining to SMS ICT Choice (Pty) Ltd’s own affairs and those of its divisions, subsidiary, and associated companies:
- Memorandum and Articles of Association
- Financial records
- Operational records
- Licenses
- Intellectual property
- Marketing records;
- Internal correspondence;
- Product records;
- Statutory records;
- Internal policies and procedures;
- Records held by officials of SMS ICT Choice (Pty) Ltd.
Personal Records
“Personnel” refers to any person who works for or provides services to or on behalf of SMS ICT Choice (Pty) Ltd and receives or is entitled to receive any remuneration and any other person who assists in carrying out or conducting the business of SMS ICT Choice (Pty) Ltd. This includes, without limitation, directors, executive directors, and non-executive directors, as well as all permanent, temporary, and part-time staff and contract workers. Personnel records include the following:
- Any personal records provided to SMS ICT Choice (Pty) Ltd by their personnel;
- Any records a third party has provided to SMS ICT Choice (Pty) Ltd 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.
Customer Records
Please be aware that SMS ICT Choice (Pty) Ltd is committed to protecting the confidential information of its customers. Accordingly, any request for customer information must be comprehensively motivated, having regard to Sections 63 to 67 of the PAIA Act.
Customer information includes the following:
- Any records a customer has provided to SMS ICT Choice (Pty) Ltd or a third party acting for or on behalf of SMS ICT Choice (Pty) Ltd;
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 SMS ICT Choice (Pty) Ltd 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 SMS ICT Choice (Pty) Ltd either directly or indirectly; and
- Records generated by or within SMS ICT Choice (Pty) Ltd pertaining to customers, including transactional records.
Other Records
Further records are held, including
- Information relating to SMS ICT Choice (Pty) Ltd’s own commercial activities;
- Research carried out on behalf of a client by SMS ICT Choice (Pty) Ltd or commissioned from a third party for a customer; and
- Research information belonging to SMS ICT Choice (Pty) Ltd, whether carried out by itself or commissioned from a third party.
PROCESSING OF PERSONAL INFORMATION
Purpose of processing
SMS ICT Choice (Pty) Ltd will use your personal information only for the purposes for which it was collected and agreed with you. In addition, where necessary, your information may be retained for legal or research purposes.
For example:
- to gather contact information;
- to enable the execution of contracts;
- to confirm and verify your identity or to verify that you are an authorised user for security purposes;
- for the detection and prevention of fraud, crime, money laundering or other malpractice;
- to comply with legal obligations imposed on SMS ICT Choice (Pty) Ltd;
- to conduct market or customer satisfaction research or for statistical analysis;
- for audit and record-keeping purposes; and
- in connection with legal proceedings.
The recipients or categories of recipients to whom the personal information may be supplied
SMS ICT Choice (Pty) Ltd may supply the Personal Information to service providers who render the following services:
- Capturing and organising of data;
- Storing of data;
- Sending of emails and other correspondence to clients;
- Upstream service providers who require customer’s data to configure and activate services;
- Network operators who need to install their network infrastructure at the customer’s premises;
- installers who need to install SMS ICT Choice (Pty) Ltd equipment at customer premises;
•
couriers tasked with collection of equipment on termination of services; - attorneys, debt collection companies, court officials and tracing service providers; credit bureau x;
- law enforcement agencies and the South African Revenue Services or as otherwise directed by a court order
Security measures implemented by SMS ICT Choice (Pty) Ltd
Security measures implemented or to be implemented by SMS ICT Choice (Pty) Ltd to ensure the confidentiality, integrity, and availability of the personal information that may be or is being processed by SMS ICT Choice (Pty) Ltd: Sec 51 (1)(c)(v):
SMS ICT Choice (Pty) Ltd continuously establishes and maintains appropriate, reasonable technical and organisational measures to ensure that the integrity of the personal information in its possession or under its control is secure and that such information is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration or access by having regard to the requirements set forth in law, in industry practice and generally accepted information security practices and procedures within SMS ICT Choice (Pty) Ltd.