Category: Access to information

Section 23 Access to personal information

  1. A data subject, having provided adequate proof of identity, has the right to—
    1. request a responsible party to confirm, free of charge, whether or not the responsible party holds personal information about the data subject; and
    2. request from a responsible party the record or a description of the personal information about the data subject held by the responsible party, including information about the identity of all third parties, or categories of third parties, who have, or have had, access to the information—
      1. within a reasonable time;
      2. at a prescribed fee, if any;
      3. in a reasonable manner and format; and
      4. in a form that is generally understandable.
  2. If, in response to a request in terms of subsection (1), personal information is communicated to a data subject, the data subject must be advised of the right in terms of section 24 to request the correction of information.
  3. If a data subject is required by a responsible party to pay a fee for services provided to the data subject in terms of subsection (1)(b) to enable the responsible party to respond to a request, the responsible party—
    1. must give the applicant a written estimate of the fee before providing the services; and
    2. may require the applicant to pay a deposit for all or part of the fee.
  4.  
    1. A responsible party may or must refuse, as the case may be, to disclose any information requested in terms of subsection (1) to which the grounds for refusal of access to records set out in the applicable sections of Chapter 4 of Part 2 and Chapter 4 of Part 3 of the Promotion of Access to Information Act apply.
    2. The provisions of sections 30 and 61 of the Promotion of Access to Information Act are applicable in respect of access to health or other records.
  5. If a request for access to personal information is made to a responsible party and part of that information may or must be refused in terms of subsection (4)(a), every other part must be disclosed.

Section 56 Designation and delegation of deputy information officers

Each public and private body must make provision, in the manner prescribed in section 17 of the Promotion of Access to Information Act, with the necessary changes, for the designation of—

  1. such a number of persons, if any, as deputy information officers as is necessary to perform the duties and responsibilities as set out in section 55(1) of this Act; and
  2. any power or duty conferred or imposed on an information officer by this Act to a deputy information officer of that public or private body.