1. OVERVIEW AND OBJECTIVES OF THE MANUAL
The Promotion of Access to Information Act 2 of 2000, (“PAIA”) gives effect to section 32 of the Constitution, which provides that everyone has the right to access information held by the State, as well as information held by another person (or private body), which Lay Law is, when such privately held information is required for the exercise and protection of rights.
More broadly, PAIA aims to underline the importance of access to information in a democratic society by fostering a culture of transparency and accountability. PAIA does this by requiring public (government) and private (non-government) bodies to create both a manual describing the type of records they hold, and procedures for others to access that information.
PAIA also sets limits on the types of information that can be accessed i.e. information requested might not be granted under various circumstances.
To this end, Lay Law has compiled this manual in accordance with Section 51 of PAIA. It offers an outline of Lay Law’s information, which is accessible to the public, and aims to assist anyone where they seek to request access to information held by Lay Law under PAIA.
2. PURPOSE OF THE MANUAL
The purpose of this PAIA manual is to assist anyone to:
2.1. review the categories of records held by Lay Law which are available without having to submit a formal PAIA request;
2.2. understand how to make a request for access to a record of Lay Law, by providing a description of the subjects on which we hold records and the categories of records held under each subject;
2.3. review the types of records of Lay law which are available in accordance with any other legislation;
2.4. access all the relevant contact details of Lay Law’s Information Officer who will assist with the records anyone intends to access;
2.5. understand how to access the guide on how to use PAIA, as updated by the Information Regulator;
2.6 understand whether Lay Law will process personal information, the purposes for which we process personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;
2.7 distinguish the categories of data subjects and of the information relating thereto;
2.8 identify the third parties to whom personal information may be supplied;
2.9 identify if Lay Law has planned to transfer or process personal information outside of South Africa and the parties to whom the personal information may be transferred; and
2.10 Understand the appropriate security measures which Lay Law employs to ensure the confidentiality, integrity and availability of the personal information Lay Law processes.
3. NATURE OF THE BUSINESS AND CONTACT DETAILS
The business is a legal consultancy operating as a sole proprietorship known as Lay Law Consulting.
CONTACT DETAILS:
Name of the business: Lay Law
Nature of the business: Legal Advisory and Consulting Services
Owner and operator: Richard Thompson
Information Officer: Richard Thompson
Physical Address: 15A Foyle Road, Claremont, Cape Town, 7708
Contact Number: 083 387 6784
Email address: richard@laylaw.co.za
Cell: 083 387 6784
Website: www.laylaw.co.za
4. GUIDE ON HOW TO USE PAIA
4.1. The Information Regulator has, in terms of Section 10(1) of PAIA, updated and made available the revised ‘Guide on how to use PAIA’ (“PAIA Guide”), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA or the Protection of Personal Information Act 4 of 2013 (“POPIA”).
4.2. The Information Regulator has made the PAIA Guide available in each of the official languages of South Africa as well as in braille.
4.3. The PAIA Guide contains the following:
4.3.1 The objects of PAIA as well as POPIA;
4.3.2 How to access the postal address, telephone number and email address of every registered Information Officer and Deputy Information Officer (for both public and private bodies);
4.3.3 The manner and form of request for:
4.3.3.1. access to a record of a public body contemplated in section 11 of PAIA; and
4.3.3.2. access to a record of a private body contemplated in section 50 of PAIA.
4.3.4. The assistance available from the Information Officer of a body in terms of PAIA and POPIA;
4.3.5. The assistance available from the Information Regulator in terms of PAIA and POPIA;
4.3.6. All remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPIA, including the manner of lodging –
4.3.6.1. an internal appeal;
4.3.6.2. a complaint to the Information Regulator; and
4.3.6.3. an application with a court against a decision by the Information Officer of a public body, a decision on internal appeal or a decision by the Information Regulator or a decision of the head of a private body;
4.3.7. The provisions of sections 14 and 51 of PAIA requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
4.3.8. The provisions of sections 15 and 52 of PAIA providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
4.3.9. The notices issued in terms of sections 22 and 54 of PAIA regarding fees to be paid in relation to requests for access; and
4.3.10. The Regulations published in terms of Section 92 of PAIA (“The Regulations”).
4.4. Anyone can inspect or make copies of the PAIA Guide at the office of the Information Regulator, during normal working hours. It is available in both English and Afrikaans.
4.5. The PAIA Guide can also be obtained:
4.5.1. upon request to Lay Law’s Information Officer;
4.5.2. from the website of the Information Regulator (https://www.justice.gov.za/inforeg/).
5. ACCESS TO RECORDS HELD BY LAY LAW
5.1 RECORDS AVAILABLE WITHOUT FORMAL REQUESTS
5.1.1 Records of a public nature, namely all information available on the website including all policies and “Terms and Conditions”.
5.2 CATEGORIES OF RECORDS HELD BY LAY LAW THAT SHOULD BE FORMALLY REQUESTED
The following information should be formally requested by using the request procedure stipulated in Clause 6 below:
5.2.1 Financial
Banking records
Banking details and bank accounts
Bank statements
Contractual agreements
Accounting Records
Financial Statements and reports
Invoices
Policies and procedures
Tax returns
Asset Registers
5.2.2 Insurance
Insurance Policy Documents
5.2.3 Information technology
Software licenses
Data protection measures
Data retention formulae
Breach recovery processes
Disaster recovery plans
IT systems and user manuals
Hardware asset registers
IT policies/standards/processes
Service Level Agreements
Incidents and service requests
5.2.4 Human resources
HR policies and procedures
Employee records
Available employment or independent contractor opportunities
5.2.5 Intellectual Property
Trademarks
Copyright
Know-how
Original Designs
Contractual Agreements
5.2.6 Tax
Income Tax Records
Contractual Agreements
5.2.7 Marketing
Advertising and Promotional Material
5.2.8 Commercial Agreements
Employment and Independent Contractor Agreements
Service Level Agreements
Supplier Agreements
*The above list is non-exhaustive and may be prospective.
5.3 Requests for information with sensitive classification
How will requests for sensitive information be handled?
The Information Officer will evaluate the request within the statutory and regulatory frameworks and respond to the request accordingly.
6. REQUEST PROCEDURES
Access to information listed above must be made by following the procedures outlined below:
6.1 How to request for information from Lay Law?
6.1.1 Complete Form 2 of the regulations, which is found at the end of this manual, and send it along with proof of payment of the prescribed fee to the email address of Lay Law’s Information Officer, the details of which are listed in Section 3 above.
6.1.2 When completing Form 2, a requester must provide clear and accurate information and clearly state the right which the requestor seeks to exercise or protect, the record which they are seeking to access and an explanation as to how such record will assist them to exercise or protect their rights. Some important points to remember when completing the request form:
6.1.2.1 Each section of the form contains instructions that should be followed to improve the likelihood of the request being granted with minimal delay being experienced.
6.1.2.2 Where a request is made for records relating to an organisation, it is strongly recommended that the organisation’s public officer make or authorise the request.
6.1.2.3 If records are requested on behalf of another person, please provide a copy of the mandate authorising you to act on behalf of another person.
6.1.2.4 A detailed description of the records being requested must be provided to enable the Information Officer to identify it accurately.
6.1.2.5 If any difficulties are experienced in completing the request form or if a disability prevents the requester from completing it, please do not hesitate to contact the Information Officer for assistance.
6.2 How long must a requester wait before receiving the information requested?
6.2.1 Lay Law’s Information Officer is required to take a decision on the request within 30 days of receipt of the request, failing which the request is deemed to have been refused.
6.2.2 Lay Law’s Information Officer may extend the period for taking a decision to 60 days under the following circumstances:
6.2.2.1 If the request is for large number of records or requires a search through a large number of records and compliance with the original period would unreasonably interfere with the activities of the Lay Law;
6.2.2.2 If the requested records are not readily available and the request cannot reasonably be completed within 30 days;
6.2.2.3 Where consultation within Lay Law or with another entity is necessary or desirable to decide upon the request and which consultation cannot be reasonably completed within 30 days;
6.2.2.4 If the requester consents in writing to the extension.
6.2.3 Should the 30-day period be extended, the Information Officer will notify the requester of the extension as well as provide the requester with the reasons for the extension.
6.3 How will a requester be informed of the outcome of the request?
Lay Law’s Information Officer will inform the requester of Lay Law’s decision whether to grant or refuse a request and any fees payable on a form that corresponds substantially to that of Form 3 of the Regulations. If the Information Officer does not give the decision on a request for access to the requester within the 30-day period or within any extended period, then the Information Officer will be regarded as having refused the request.
6.4 Under which circumstances will the request for access to information be refused
6.4.1 Access to a record is refused on one or more grounds of refusal specified in PAIA, which fall into the following categories, and is further amplified in Chapter 4 of PAIA and the PAIA Guide:
6.4.1.1 Mandatory protection of privacy of a third party who is a natural person;
6.4.1.2 Mandatory protection of certain records of Lay Law;
6.4.1.3 Mandatory protection of commercial information of a third party;
6.4.1.4 Mandatory protection of certain confidential information and protection of certain other confidential information of a third party;
6.2.2.5 Mandatory protection of safety of individuals and protection of property;
6.2.2.6 Mandatory protection of police dockets in bail proceedings and protection of law enforcement and legal proceedings;
6.2.2.7 Mandatory protection of records privileged from production in legal proceedings;
6.2.2.8 Defence, security and international relations of the Republic;
6.2.2.9 Economic interests and financial welfare of the Republic and commercial activities of public bodies;
6.2.2.10 Mandatory protection of research information of a third party and protection of research information of a public body;
6.2.2.11 Operations of public bodies; and
6.2.2.12 Manifestly frivolous or vexatious requests or substantial and unreasonable diversion of resources.
6.5 What can a requester do if the request for information is refused?
6.5.1 Should the requester not be satisfied with the decision of Lay Law’s Information Officer, the requester may submit a complaint to the Information Regulator.
6.5.2 A complaint to the Information Regulator must be made on a form which corresponds substantially to that of Form 5 of the Regulations, which can be located at the end of this manual. A complaint to the Information Regulator must be lodged within 180 (one hundred and eighty) days of receipt of the decision from Lay Law.
6.5.3 The complaint will then follow the dispute resolution process described in the Regulations as well as the PAIA Guide.
6.6 What if the request is successful?
6.6.1 The requester will be given access to a record if all procedural requirements have been complied with according to PAIA requirements, that is –
6.6.1.1 The request is properly documented on the prescribed form;
6.6.1.2 Proof of authority to act on another’s behalf is furnished, if making the request on another person’s behalf;
6.6.1.3 The record that is requested is sufficiently described to enable the Information Officer to identify it and;
6.6.1.4 Payment of all required fees.
6.7 Fees payable
It may be necessary to pay fees for access to records in terms of PAIA. The Act provides for two types of fees, the request fee, which will be a standard fee and an access fee, which must be calculated by taking into account reproduction costs, search and preparation time and costs, as well as postal costs where applicable. Lay Law’s Information Officer will advise what fees are payable by the requester in order for Lay Law to provide access to the requested records to the requester.
6.7.1 Request fee –
If the request is to access a record, including any record containing personal information about the requester, he/she will be required to pay the request fee, which is currently R140.00 per request from a private body, as listed in Annexure B of the PAIA regulations. Said request fee is to be paid into Lay Law’s nominated bank account, which details are available from Lay Law’s Information Officer on request.
6.7.2 Access fee –
If the request is granted, then an access fee may be required for the reproduction of records for time in excess of one hour to search and prepare the records for disclosure, as stipulated in Annexure B of the PAIA regulations. Where the time to prepare the records for disclosure is likely to exceed six hours, a deposit of one third of the anticipated access fee may be required as a deposit.
7. PROCESSING OF PERSONAL INFORMATION
7.1 PURPOSE OF PROCESSING
Lay Law processes personal information for legitimate business purposes and as a necessary function of a client’s engagement with Lay Law’s services with such client’s express consent. For more information on Lay Law’s purpose of processing personal information, please refer to our Privacy Policy, located on our website.
7.2 DATA SUBJECTS AND INFORMATION PROCESSED
As a responsible party, Lay Law processes the following information from the following list of data subjects:
7.2.1 Clients
Information from client onboarding which includes personal information
Contact Details
Employer information
Bank Account information
Identity documentation
Addresses
Client enquiries
7.2.2 Service Providers
Name and contact details
Company Information
Banking details
Information obtained from Service Level Agreements
7.2.3 Independent Contractors
Company Information
Name
Address
Identity Number
Contact Details
Other information gleaned from contractual agreements
8. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
8.1 Lay Law may transfer personal information outside of South Africa in instances when relevant personal information is stored using secured cloud servers hosted outside of South Africa.
8.2 Whenever Lay Law transfers any personal information outside of South Africa, we always ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards are implemented:
8.2.1 There are contracts in place with all such third parties, providing warranties that they will process the personal information at standards equal to or better than those applied by Lay Law; and
8.2.2 Lay Law will only transfer personal information to countries that have been deemed to provide an adequate level of protection for personal information by the Information Regulator.
8.3 DATA SECURITY
To prevent the personal information Lay Law processes from being accidentally lost, used, accessed in an unauthorised way, altered or disclosed it utilises two-factor authentication, antivirus protection, and secure software systems. All information processed is also restricted to only those individuals who need access.
9. AVAILABILITY OF PAIA MANUAL
9.1 A copy of this Manual is available:
9.1.1 on our website, at www.laylaw.co.za;
9.1.2 at our offices during ordinary business hours;
9.1.3 to any person upon request and upon the payment of a reasonable prescribed fee; and
9.1.4. to the Information Regulator upon request.
9.2. The fee for a copy of this PAIA Manual, as contemplated in Annexure B of the PAIA Regulations, shall be payable per each A4-size photocopy made.
10. UPDATES TO THIS PAIA MANUAL
10.1. This Manual will be regularly updated by Lay Law’s Information Officer.
10.2. This Manual was last updated in September 2024.
