PAIA Manual

01. Introduction

The Promotion of Access to Information Act 2 of 2000 was enacted to give effect to the constitutional right of access to information.

Section 32 of the Constitution of the Republic of South Africa recognises a right of access to information held by the State and, in appropriate circumstances, information held by another person where it is required for the exercise or protection of rights.

This Manual describes how records held by T-Shirts South Africa may be requested in terms of PAIA.

02. Particulars of the Private Body

03. Information Officer

Requests under PAIA should be directed to the Information Officer or authorised person responsible for access-to-information requests.

04. PAIA Guide

The Information Regulator has prepared and made available a Guide on how to use PAIA.

The Guide is intended to assist persons who wish to exercise rights under PAIA and POPIA and contains information about:

• The objects of PAIA
• How to make a request for access to a record
• The assistance available from Information Officers
• Applicable forms
• Applicable fees
• Remedies available where access is refused
• Complaints to the Information Regulator
• Other procedures relating to access to information

The Guide is available from the Information Regulator (South Africa) and is made available in South Africa's official languages and in accessible formats made available by the Regulator.

05. Records Automatically Available

Certain records may be publicly available without a person having to submit a formal PAIA request.

Depending on the information published by T-Shirts South Africa, these may include:

• Information available on our website
• Product descriptions
• Public price or product information
• Contact information
• Privacy Policy
• Terms of Service
• POPIA Data Subject Request Policy
• This PAIA Manual
• Marketing and promotional material made public by us

06. Records Held by T-Shirts South Africa

The categories below describe records that may be maintained by T-Shirts South Africa.

07. Records Available Under Other Legislation

T-Shirts South Africa may hold records in accordance with legislation applicable to its operations.

Depending on the circumstances, legislation may include:

• Companies Act 71 of 2008
• Consumer Protection Act 68 of 2008
• Electronic Communications and Transactions Act 25 of 2002
• Protection of Personal Information Act 4 of 2013
• Promotion of Access to Information Act 2 of 2000
• Basic Conditions of Employment Act 75 of 1997
• Labour Relations Act 66 of 1995
• Employment Equity Act 55 of 1998, where applicable
• Occupational Health and Safety Act 85 of 1993
• Compensation for Occupational Injuries and Diseases Act 130 of 1993
• Unemployment Insurance Act 63 of 2001
• Income Tax Act 58 of 1962
• Value-Added Tax Act 89 of 1991, where applicable
• Tax Administration Act 28 of 2011
• Copyright Act 98 of 1978
• Trade Marks Act 194 of 1993
• Other legislation applicable to the business from time to time

The inclusion of legislation in this list does not imply that every provision applies to T-Shirts South Africa in every circumstance.

08. Processing of Personal Information

T-Shirts South Africa processes personal information for legitimate business and legal purposes.

Categories of data subjects may include:

• Customers
• Prospective customers
• Website visitors
• Employees and job applicants
• Suppliers and service providers
• Contractors
• Business contacts
• Representatives of organisations

09. Purposes of Processing Personal Information

Personal information may be processed for purposes including:

• Responding to enquiries
• Preparing quotations
• Processing orders
• Customer relationship management
• Printing and branding services
• Payment and accounting administration
• Supplier management
• Employee administration
• Website operation
• Security and fraud prevention
• Marketing where permitted by law
• Compliance with legal obligations
• Establishment or defence of legal claims

More information about our processing practices is available in our Privacy Policy .

10. Categories of Personal Information

Depending on the relevant data subject and relationship, information processed may include:

• Names and surnames
• Business names
• Contact details
• Email addresses
• Telephone numbers
• Addresses
• Identification information where lawfully required
• Order and transaction information
• Payment information
• Customer correspondence
• Artwork and branding information
• Employment information
• Supplier information
• Website and technical information
• Other information reasonably necessary for legitimate purposes

11. Recipients of Personal Information

Where lawful and necessary, personal information may be shared with:

• Banks and financial institutions
• Payment processors
• Accountants and auditors
• IT service providers
• Website and hosting providers
• Communication providers
• Suppliers
• Contractors
• Customer-appointed couriers
• Professional advisers
• Regulators and public authorities
• Law-enforcement authorities where legally required

12. Cross-Border Processing

Certain technology, hosting, cloud, analytics or communications providers may process information outside South Africa.

Where personal information is transferred outside South Africa, T-Shirts South Africa will take reasonable measures to ensure that the transfer complies with applicable provisions of POPIA governing transborder information flows.

13. Security Measures

T-Shirts South Africa takes reasonable and appropriate technical and organisational measures designed to protect personal information.

Measures may include:

• Access controls
• Password protection
• Antivirus and security software
• Website security measures
• Server and hosting safeguards
• Backups
• Employee access restrictions
• Confidentiality requirements
• Physical security controls
• Secure disposal of information

14. Who May Request Access?

A person seeking access to a record of a private body must satisfy the requirements of PAIA.

For access to a record of a private body, the requester must, among other applicable requirements, identify the right they seek to exercise or protect and explain why the requested record is required for exercising or protecting that right.

The request must provide sufficient information to enable the Information Officer to identify:

• The requester
• The requested record
• The right sought to be exercised or protected
• Why the record is required for that right
• The preferred form of access
• How the requester wishes to be notified

15. How to Make a PAIA Request

16. Prescribed PAIA Forms

The Information Regulator currently publishes prescribed forms for PAIA procedures.

Current forms can be obtained from:

Information Regulator – PAIA Resources & Forms

17. Fees

PAIA permits prescribed fees to be charged in certain circumstances.

Depending on the request, these may include:

• A prescribed request fee where applicable
• Photocopying or reproduction costs
• Search and preparation fees where permitted
• Electronic reproduction costs
• Postal or other authorised delivery costs

Any fees charged will be determined in accordance with the applicable PAIA Regulations and prescribed fee schedule in force at the relevant time.

Where payment is required before a request can be processed or access provided, the requester will be informed accordingly.

18. Decision on a Request

A PAIA request will be considered in accordance with the Act and applicable regulations.

The requester will be notified of the decision within the applicable statutory period, subject to any extension permitted by PAIA.

If access is granted, the response may specify:

• The applicable access fee
• The form in which access will be provided
• Any reasonable arrangements for accessing the record

If access is refused, the requester will be informed of the decision and the available remedies as required by law.

19. Grounds for Refusing Access

Access to a record is not automatic merely because a request has been submitted.

PAIA contains mandatory and discretionary grounds on which access may or must be refused.

Depending on the circumstances, these may include protection of:

• Another person's privacy
• Commercial information of a third party
• Confidential information
• Safety of individuals
• Property or security systems
• Legally privileged records
• Research information
• Commercial activities of the private body

Other statutory grounds for refusal may also apply.

20. Third-Party Information

Where a requested record contains information concerning another person or organisation, PAIA's third-party notification and protection provisions may apply.

A third party may, where the Act requires or permits, be given an opportunity to make representations regarding disclosure.

The fact that a requester has requested a record does not override privacy, confidentiality or other protections afforded to third parties by law.

21. Records That Cannot Be Found

If all reasonable steps have been taken to locate a requested record and it cannot be found, or if there are reasonable grounds for believing that the record does not exist, the requester will be dealt with in accordance with the applicable provisions of PAIA.

22. Remedies Where Access Is Refused

As T-Shirts South Africa is treated as a private body for purposes of this Manual, a requester does not ordinarily have the same internal appeal procedure applicable to certain public bodies.

Subject to the requirements of PAIA, a requester or third party may have remedies including:

• Lodging a complaint with the Information Regulator
• Applying to a court for appropriate relief

Applicable statutory procedures and time periods must be observed.

23. Complaints to the Information Regulator

A person who qualifies under PAIA may lodge a complaint with the Information Regulator using the applicable prescribed complaint procedure.

24. POPIA Data Subject Requests

A request relating specifically to a person's own personal information may also involve rights under POPIA.

Depending on the request, a data subject may have rights to:

• Request confirmation that personal information is held
• Request access to personal information
• Request correction of personal information
• Request deletion or destruction where legally permitted
• Object to certain processing
• Object to certain direct marketing

For further information, see our:

POPIA Data Subject Request / Access Policy

25. Availability of This Manual

A copy of this PAIA Manual is made available:

• On the T-Shirts South Africa website
• At our business premises for inspection as required by law
• To the Information Regulator where submission is required
• To a person upon lawful request where applicable

26. Updating This Manual

This Manual will be reviewed periodically and updated where material changes occur or where required by PAIA, POPIA, regulations or guidance issued by the Information Regulator.

The latest version published by T-Shirts South Africa should be consulted when making a request.

27. Related Policies

The following T-Shirts South Africa policies should be read together with this Manual where relevant:

• Privacy Policy
• Terms of Service
• POPIA Data Subject Request / Access Policy

28. Submit a PAIA Request

Formal requests for access to records should be submitted to the Information Officer using the prescribed PAIA procedure.