PAIA
LIST OF ACRONYMS AND ABBREVIATIONS
CEO Chief Executive Officer
IO Information Officer
Minister Minister of Justice and Correctional Services
PAIA Promotion of Access to Information Act No. 2 of 2000 (as amended)
POPIA Protection of Personal Information Act No.4 of 2013
Regulator Information Regulator
Regulations Information Regulator regulations
Republic Republic of South Africa
PURPOSE OF THE FINLAC PAIA MANUAL
This PAIA Manual is useful for the public to:
- check the categories of records held by Finlac which are available without a person having to submit a formal PAIA request;
- have a sufficient understanding of how to make a request for access to a record of the body, by providing a description of the subjects on which Finlac holds records and the categories of records held on each subject;
- know the description of the records Finlac which are available in accordance with any other legislation;
- access all the relevant contact details of the Information Officer who will assist the public with the records they intend to access;
- know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;
- know if Finlac will process personal information, the purpose of processing of personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;
- know the description of the categories of data subjects and of the information or categories of information relating thereto;
- know the recipients or categories of recipients to whom the personal information may be supplied;
- know if Finlac has planned to transfer or process personal information outside the Republic of South Africa and the recipients or categories of recipients to whom the personal information may be supplied; and
- know whether Finlac has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be processed.
KEY CONTACT DETAILS FOR ACCESS TO INFORMATION OF FINLAC
The Chief Executive Officer
Name: Nico van Gijsen
Tel.: 021 461 2067
Email: nico@finlac.com
The Information Officer
Name: Franscois van Gijsen
Tel.: 021 461 2067
Email: frans@finlac.com
General: Head Office
Postal Address: 77 Upper Orange Street, Oranjezicht, 8001
Street Address: 77 Upper Orange Street, Oranjezicht, 8001
Tel.: 021 461 2067
Fax: 086 6776314
Email: solutions@finlac.com
Website: https://finlac.com/
GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE
The Regulator has, in terms of section 10(1) of PAIA, as amended, updated and made available the revised Guide on how to use 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 and POPIA.
The Guide is available in each of the official languages and in braille. Visit https://inforegulator.org.za/ for more information.
The aforesaid Guide contains the description of:
- the objects of PAIA and POPIA;
- the postal and street address, phone and fax number and, if available, electronic mail address of:
- the Information Officer of every public body, and
- every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA and section 56 of POPIA ;
- the manner and form of a request for:
- access to a record of a public body contemplated in section 11 ; and
- access to a record of a private body contemplated in section 50 ;
- the assistance available from the IO of a public body in terms of PAIA and POPIA;
- the assistance available from the Regulator in terms of PAIA and POPIA;
- 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:
- an internal appeal;
- a complaint to the Regulator; and
- 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 Regulator or a decision of the head of a private body;
- the provisions of sections 14 and 51 requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
- the provisions of sections 15 and 52 providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
- the notices issued in terms of sections 22 and 54 regarding fees to be paid in relation to requests for access; and
- the regulations made in terms of section 92
Members of the public can inspect or make copies of the Guide from the offices of the public and private bodies, including the office of the Regulator, during normal working hours.
The Guide can also be obtained:
- upon request to the Information Officer;
- from the website of the Regulator (https://www.justice.gov.za/inforeg/).
A copy of Finlac’s Guide is also available in English, for public inspection, during normal office hours.
RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION
Where applicable to its operations, Finlac also retains records and documents in terms of the legislation listed below. Unless disclosure is prohibited, records that are required to be made available in terms of these acts shall be made available for inspection. A request to access the information must be done in accordance with the prescriptions of the Act.
| Number | Reference | Act |
|---|---|---|
| 1 | No 61 of 1973 | Companies Act |
| 1 | No 98 of 1978 | Copyright Act |
| 3 | No 55 of 1998 | Employment Equity Act |
| 4 | No 95 of 1967 | Income Tax Act |
SUBJECTS AND CATEGORIES OF RECORDS HELD
Records
| Categories | Records |
|---|---|
| Strategic Documents, Plans, Proposals | Annual Reports Business Plan Operations Manual |
| Public affairs | Public Product Information Public Corporate Records Media Releases |
| Financial records | Annual Financial Statements Tax Returns Accounting Records Banking Records Bank Statements Paid Cheques Electronic banking records Asset Register Invoices |
| Income tax records | PAYE Records Documents issued to employees for income tax purposes Records of payments made to SARS on behalf of employees All other statutory compliances: VAT Regional Services Levies Skills Development Levies UIF |
| Personnel documents and records | Employment contracts Salary Records Leave Records Training Records Training Manuals |
| Human Resources | HR policies and procedures Employees records |
| Marketing | Market Information Performance Records Product Sales Records Marketing Strategies Customer Database |
Subjects on which records are kept
- Clients
- Policyholders
- Service Providers
- Product Suppliers
- Products and Services:
- Long-term insurance products
- Retirement annuities
- Pension Funds
- Savings products
- Trust services
- Investment and risk products to groups and schemes
All these records are kept in terms of legislation applicable to any of the above products or services and the Financial Services Industry in general.
PROCESSING OF PERSONAL INFORMATION
Purpose of Processing Personal Information
CLIENTS: Client related personal information are processed to provide clients with the solutions they require.
EMPLOYEES: Employee personal information are processed for business administration purposes.
THIRD PARTY OPERATORS: Third party operator personal information are processed for business administrations purposes.
Description of the Categories of Data Subjects and of the Information relating thereto
| Categories | Personal Information that may be processed |
|---|---|
| Clients | Name, Last name, Identity number, Driver’s license number, Passport number, Birth certificate number, Date of birth; Age, Gender, Maiden name, Nationality, Photographs, Race, Marital status, Education records, Home / residential address, E-mail address, Home facsimile number, Home postal address, Home telephone number, Personal cellular, mobile or wireless number, Business e-mail address, Business facsimile number, Business postal address, Business telephone number, Business cellular, mobile or wireless number, Family health or morbidity history, Insurance claim history, Medical Aid number, Financial institution account number, transactions or account information, Professional licenses and professional memberships, Professional license numbers, Income/Salary/Service Fees/Other Compensation, User Identification and/or Employee number as assigned by an employer, Taxpayer identification number, Credit history, voice recording |
| Employees | Name, Last name, Identity number, Driver’s license number, Passport number, Birth certificate number, Date of birth; Age, Gender, Maiden name, Nationality, Photographs, Race, Marital status, Education records, Home / residential address, E-mail address, Home facsimile number, Home postal address, Home telephone number, Personal cellular, mobile or wireless number, Business e-mail address, Business facsimile number, Business postal address, Business telephone number, Business cellular, mobile or wireless number, Family health or morbidity history, Insurance claim history, Medical Aid number, Financial institution account number, transactions or account information, Professional licenses and professional memberships, Professional license numbers, Income/Salary/Service Fees/Other Compensation, User Identification and/or Employee number as assigned by an employer, Taxpayer identification number, Credit history, voice recording, Compensation, User Identification and/or Employee number as assigned by an employer, User Credentials (e.g. username, password), Employment history, performance evaluations and disciplinary actions, Background checks, Credit history, Criminal convictions/behaviour |
| Third Party Operators | Name, Registration Number, physical address, Business e-mail address, Business facsimile number, Business postal address, Business telephone number, Business cellular, mobile or wireless number, financial information |
| Product Providers | Name, Registration Number, physical address, Business e-mail address, Business facsimile number, Business postal address, Business telephone number, Business cellular, mobile or wireless number, financial information |
| Service Providers | Name, Registration Number, physical address, Business e-mail address, Business facsimile number, Business postal address, Business telephone number, Business cellular, mobile or wireless number, financial information |
The recipients or categories of recipients to whom the personal information may be supplied
Information or records may be supplied where a requester has a legitimate interest to protect or is appropriately authorised:
| Categories | Recipients or Categories of Recipients to whom the personal information may be supplied |
|---|---|
| Identity number and names, for criminal checks | South African Police Services |
| Qualifications, for qualification verifications | South African Qualifications Authority |
| Credit and payment history, for credit information | Credit Bureaus (Subject to the provisions of POPIA and the National Credit Act 34 of 2005) |
| Request for data | Statutory oversight bodies, regulators or judicial commissions of enquiry making a request for data (such as the National Credit Regulator in terms of the National Credit Act 34 of 2005) |
| Request for data in terms of the applicable rules | Any court, administrative or judicial forum, arbitration, statutory commission or ombud making a request for data held in terms of applicable rules (such as the Competition Commission in terms of the Competition Act 89 of 1998) |
| PAYE Records, Documents issued to employees for income tax purposes, Records of payments made to SARS on behalf of employees, VAT, UIF | South African Revenue Service |
| Request for date in terms of the applicable rules | Auditing and accounting bodies (such as the Compliance Officer in terms of the Financial Advisory Services Act 37 of 2002 |
| Anyone making a successful application for access in terms of PAIA |
Planned transborder flows of personal information
Transborder flows of personal information is not planned.
Personal information may be transferred to a third party who is in a foreign country to administer certain services. However, this may only be done subject to provisions of POPIA.
General description of Information Security Measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information
Information security measures, including anti-virus and anti-malware solutions, are taken to ensure the confidentiality, integrity and availability of personal information. Appropriate technical and organisational measures have been implemented to ensure that personal data remains protected and secure against unauthorised or unlawful processing, accidental loss, destruction or damage.
ACCESS TO RECORDS AND AVAILABILITY OF THE MANUAL
A copy of the Manual is available:
- on Finlac’s website (https://finlac.com/), if any;
- at the Finlac head office for public inspection during normal business hours;
- to any person upon request and upon the payment of a reasonable prescribed fee; and
- to the Information Regulator upon request.
A fee for a copy of the Manual (or part thereof), as contemplated in the Regulations and prescribed on the website of the South African Human Rights Commission at www.sahrc.org.za, shall be payable per each A4-size copy made.
Records of a public nature, typically those disclosed on Finlac’s website may be accessed without the need to submit a formal application. Other non-confidential records, such as statutory records maintained at CIPC, may also be accessed without the need to submit a formal application.
FORM OF REQUEST
The requester must complete the relevant form as available for download from the Information Regulator’s website: PAIA Forms
Forms relevant to a Finlac information request:
Form 2 – Request for Access to Record
Form 3 – Outcome of request and of fees payable
Form 4 – Internal Appeal Form
PRESCRIBED FEES
The fee structure that applies to requests (other than personal requests) is available on the website of the South African Human Rights Commission at www.sahrc.org.za, or the website of The Department of Justice and Constitutional Development at http://www.doj.gov.za/.