Introduction and Definitions
This manual has been compiled in accordance with the requirements of the Promotion of Access to Information Act 2 of 2000 (PAIA) and the Protection of Personal Information Act 4 of 2013 (POPIA) in respect of Quro Medical Proprietary Limited (“Quro Medical”)
Quro Medical is a private body as defined in section 1 of PAIA, and this manual contains the information specified in section 51 of PAIA, which is applicable to such a private body. This information is as follows:
Quro Medical is a responsible party as defined in section 1 of POPIA and this manual contains the information stipulated in section 51(1)(c) of PAIA. This information is as follows:
The manual will be updated at least every twelve months or at such intervals as may be necessary in accordance with the requirements of section 51(2) of PAIA.
The manual facilitates requests for access to records of Quro Medical as provided for in sections 53 and 54 of PAIA and sets out how to access Personal Information held by Quro Medical in terms of sections 23 and 25 of POPIA.
In this manual, the following words bear the meaning set out below:
Quro Medical means Quro Medical Proprietary Limited (registration number: 2018/368143/07), a company registered in South Africa in accordance with the Companies Act 71 of 2008, with its registered place of business at 24 Peter Place, Lyme Park, Bryanston, Gauteng, 2060;
Data Subject means the person to whom Personal Information relates, as defined in section 1 of POPIA. In the context of Quro Medical, this primarily but without limitation means clients / patients, employees and Operators / suppliers, other persons and third parties;
Deputy Information Officer means any person designated by the Head of Quro Medical in terms of section 56 of POPIA and as registered with the Information Regulator;
Employee means any person who works for or provides services to or on behalf of Quro Medical, and receives or is entitled to receive remuneration;
Guide means the guide compiled by the SAHRC, and updated and made available by the Information Regulator in terms of section 10 of PAIA;
Head of Quro Medical means the CEO or COO of Quro Medical, or any person duly authorised by him or her to carry out the duties ascribed to the “head” of a private body by PAIA.
Information Officer means the Head of Quro Medical, registered with the Information Regulator in terms of section 55(2) of POPIA;
Information Regulator means the regulatory body established in terms of section 39 of POPIA;
Manual means this manual which is published in accordance with section 51 of PAIA and “this manual” shall have the same meaning;
Minister means the Cabinet member responsible for the administration of justice, presently the Minister of Justice and Correctional Services;
Operator means a person who Processes Personal Information for Quro Medical in terms of a contract or mandate, without coming under the direct authority of Quro Medical, as provided for in section 1 of POPIA, and Operators has a corresponding meaning;
Personal Information has the meaning given in section 1 of POPIA, being personal information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to:
Processing has the meaning given in section 1 of POPIA and includes any operation or activity or any set of operations, whether or not by automatic means, concerning Personal Information, including –
PAIA Regulations means the Regulations relating to the Promotion of Access to Information, 2021;
Requester means any person or entity requesting access in terms of PAIA to a record that is under the control of Quro Medical or any Data Subject requesting details of any Personal Information relating to that Data Subject or a copy of the personal information in terms of POPIA;
Contact details
The CEO of Quro Medical is Dr Vuyane Mhlomi. (Dr Mhlomi). Dr Mhlomi is the Head of Quro Medical for the purposes of PAIA. Dr Mhlomi has designated the COO, Ms. Zikho Pali (Ms. Pali) to act as the Information Officer and is registered for this purpose in terms of POPIA.
Requests for access to records or Personal Information in terms of either PAIA or POPIA should be addressed to the Information Officer and/or Deputy Information Officer using the following contact details:
Physical address:
24 Peter Place Lyme Park
Sandton,
Gauteng
2060
Postal address:
24 Peter Place Lyme Park
Sandton,
Gauteng
2060
Telephone:+27 10 824 1261/ +27 76 523 3584
Email:zikho@quromedical.co.za
Section 10 Guide on how to use PAIA(section 51(1)(b)(i) of PAIA)
The Information Regulator must, in terms of section 10 of PAIA, update and make available the Guide compiled by the South African Human Rights Commission to assist persons wishing to exercise any rights in terms of PAIA.
A request for the Guide can made to the Information Regulator in the prescribed form (Form 1 of Annexure A). A copy of the form is attached as Annexure B to this manual. Any person wishing to obtain the Guide may either access it through the website of the Information Regulator here or should contact:
The Information Regulator
Physical Address:
JD House
27 Stiemens Street
Braamfontein,
Johannesburg, 2001.
2017
Telephone: 010 023 5200
Email: enquiries@inforegulator.org.za
Alternatively, members of the public can inspect or make copies of the Guide from the offices of the Information Regulator, at no fee, during normal working hours (regulation 2(3) of the PAIA Regulations).
The Information Officer must have a copy of the Guide available in at least two of the official languages in South Africa at its address available for inspection, at no fee, during normal working hours (regulation 3(3) of the PAIA Regulations).
The Information Officer must make available the Guide, upon request in the prescribed form (Form 1 of Annexure A), the number of copies of the Guide requested (regulation 3(2) of the PAIA Regulations). A copy of the form is attached as Annexure B to this manual.
Records available in terms of any other legislation(section 51(1)(b)(iii) of PAIA)
Certain records held by Quro Medical are available in terms of legislation other than PAIA. The specific records which are available in terms of such legislation are set out therein and these records may in certain instances only be accessed by the persons specified in the relevant legislation. The legislation is as follows:
Description of the subjects on which Quro Medical holds records and the categories of records held on each subject(section 51(1)(b)(iv) of PAIA)
The following is a list of the subjects on which Quro Medical holds records and the broad categories into which these records fall. The procedure in terms of which such records may be requested from Quro Medical is set out in Section 7 of this manual. The records listed below will not in all instances be provided to a requester who requests them in terms of PAIA. The requester must show that he or she has the right in terms of PAIA to be given access to the records in question.
Processing of Personal Information by Quro Medical (section 51(1)(c) of PAIA)
Details about the Processing of Personal Information undertaken by Quro Medical are set out in Annexure A.
Categories of records which are available without request (section 51(1)(b)(ii) of PAIA)
Certain records are available without needing to be requested in terms of the request procedures set out in PAIA and detailed in Section 7 of this manual. This information may be inspected, collected, purchased, or copied (at the prescribed fee for reproduction) at the offices of Quro Medical. Certain information is also available on Quro Medical’s website here The records include:
Request procedure in terms of PAIA (section 53 of PAIA)
A request for access to records held by Quro medical in terms of section 50 of PAIA must be made in the prescribed form (Form 2 of Annexure A) the PAIA Regulations (section 53(1) of PAIA). A copy of the form is attached as Annexure C to this manual. The request must be made to Quro Medical at the address, or email address, specified in Section 2 above.
A requester must provide sufficient detail on the prescribed form to allow Quro Medical to identify the record or records which have been requested and the identity of the requester (section 53(2) of PAIA). If a request is made on behalf of another person or entity, the requester must submit details and proof of the capacity in which the requester is making the request, which must be reasonably satisfactory to Quro Medical (section 53(2)(f) of PAIA).
The requester is also required to indicate the form of access to the relevant records that is required, and to provide his, her or its contact details in the Republic of South Africa (sections 53(2)(b) and (c) of PAIA).
The requester must identify the right that he, she, or it is seeking to exercise by accessing records held by Quro Medical and must explain why the particular record or records requested is or are required for the exercise or protection of that right (section 53(2)(d) of PAIA).
Quro Medical may, and must in certain instances, refuse access to records on any of the grounds set out in Chapter 4 of Part 3 of PAIA which include:
Access to documents may also be refused on the basis of professional privilege.
Quro Medical is required to inform a requester in writing of its decision in relation to a request (section 56 of PAIA). If the requester wishes to be informed of Quro Medical’s decision in another manner as well, this must be set out in the request and the relevant details included, to allow Quro Medical to inform the requester in the preferred manner.
Quro Medical will make a decision in relation to a request for records within 30 days of receiving it, unless third parties are required to be notified of the request or the 30-day period is extended as provided for in PAIA. Quro Medical will notify the requester if the 30-day period for processing a request is to be extended.
Where a request is refused, a requester may apply to the High Court within 30 days of being informed of the refusal of the request, for an order compelling the record or records requested to be made available to the requester or for another appropriate order. The High Court will determine whether the records should be made available or not.
Fees payable (section 54 of PAIA read with regulation 8 and Annexure B of the PAIA Regulations)
A requester has to pay a request fee of R140.00. This request fee may be paid at the time a request is made, or the person authorised to deal with such requests on Quro Medical’s behalf may notify the requester that he, she or it needs to pay the request fee before processing the request any further. A requester may apply to Court to be exempted from the requirement to pay the request fee.
Where a request for access to a record or records held by Quro Medical is granted, the requester also has to pay an access fee for the reproduction of the record or records, and for the search for and the preparation of the records for disclosure. Quro Medical is entitled to withhold a record until the required access fees have been paid. The access fees which are payable are as follows:
| # | Action Taken | Fee |
|---|---|---|
| i. | The request fee payable by every requester | R140.00 |
| ii. | Photocopy / printed black & white copy of an A4-size page | R2.00 per page or part thereof |
| iii. | Printed copy of an A4-size | R2.00 per page or part thereof |
| iv. | For a copy in a computer-readable form on - | |
| Flash drive (to be provided by requestor) | R40.00 | |
| Compact disc: • if provided by requestor • if provided to the requestor | R40.00 R60.00 | |
| v. | For a transcription of visual images, per A4-size page | Service to be outsourced. Will depend on quotation from service provider. |
| vi. | Copy of visual images | |
| vii. | Transcription of an audio record, A4-size page | R24.00 |
| viii. | Copy of an audio record on: | |
| Flash drive (to be provided by requestor) | R40.00 | |
| Compact disc • If provided by the requestor • If provided to the requestor | R40.00 R60.00 | |
| ix. | To search for and prepare the record for disclosure for each hour or part of an hour, excluding the first hour, reasonably required for such search and preparation. To not exceed the total cost of: | R145.00 R435.00 |
| x. | Deposit: if search exceeds 6 hours | One third of amount per request calculated in terms of items ii to viii. |
| xi. | Postage, e-mail, or any other electronic transfer | Actual expense, if any. |
If Quro Medical is of the opinion that the search for and the preparation of the records requested will require more than six hours, Quro Medical is entitled to ask for a deposit of one third of the access fees which will be payable in respect of the records requested by the requester. The requester may make an application to the Court or lodge a complaint with the Information Regulator to be exempted from the requirement to pay this deposit. If a deposit is made and access to the records requested is subsequently refused, the deposit will be repaid to the requester.
Request procedure in terms of POPIA (sections 23 and 25 of POPIA)
A request for access in terms of section 23 of POPIA must be made in manner and form set out in section 8 of this manual above (section 25 of POPIA).
No fee is payable where a requester asks Quro Medical to confirm whether or not Quro Medical holds his, her, or its Personal Information (section 23(1)(a) of POPIA).
A prescribed fee, if any, as set by the Minister after consultation with the Information Regulator may be payable if a requester asks for a copy of the Personal Information held by Quro Medical, or a description of the records held by Quro Medical that contain the requester’s Personal Information (section 23(1)(b)(ii) read with section 111(1)(a) of POPIA). Quro Medical must give the requester a written estimate of the fee beforehand and may require the requester to pay a deposit for all or part of the estimated fee (section 23(3) of POPIA).
Information or records not found (section 55 of PAIA)
If all reasonable steps have been taken to find a record that is requested under PAIA, and the requested record cannot be found or does not exist, then Quro Medical will notify the requester, by way of an affidavit or affirmation, that it is not possible to give access to the requested record.
The affidavit or affirmation will provide a full account, of all the steps taken to find the record or to determine the existence thereof, including details of all communications by Quro Medical with every person who conducted the search.
If the record in question should later be found, the requester will be given access to the record in the manner stipulated by the requester unless access is refused by Quro Medical as permitted by PAIA (as dealt with in Section 8 above).
Information requested about a third party(Chapter 5 of Part 3 of PAIA)
Where any information that relates to a third party is requested in terms of PAIA from Quro Medical, Quro Medical is required to notify the third party of the request (section 71 of PAIA). The third party has an opportunity to grant their consent to the disclosure of the record or to make representations as to why the requested record should not be disclosed to the requester (section 72 of PAIA). If Quro Medical decides to grant access to the record, it will notify the affected third party again (section 73 of PAIA). The third party is entitled to apply to court in relation to that decision. The court will then determine whether the record should be disclosed by Quro Medical or not.
Other prescribed information (section 51(1)(a)(ii) of PAIA)
The Minister has not prescribed that any further information must be contained in this manual.
ANNEXURE A: PROCESSING OF PERSONAL INFORMATION
Quro Medical takes the privacy and protection of Personal Information seriously and will only Process Personal Information in accordance with POPIA or any other applicable legislation which deals with privacy rights. Accordingly, the relevant Personal Information privacy conditions and requirements relating to the Processing thereof (including, but not limited to, the collection, handling, transfer, sharing, correction, storage, archiving and deletion of Personal Information) will be applied to any Personal Information Processed by Quro Medical.
Purpose of Processing Personal Information
Quro Medical uses the Personal Information under its care in the following ways:
Categories of Data Subjects and their Personal Information that Quro Medical Processes
Categories of recipients to whom Personal Information may be supplied
Quro Medical may supply Personal Information to the following recipients:
Quro Medical will conclude appropriate agreements with any service providers that Process Personal Information on its behalf to require service providers to protect Personal Information in line with the requirements of POPIA.
Quro Medical does not share the Personal Information of its Data Subjects with any third parties, except if:
Quro Medical will send its Data Subjects appropriate notifications or communications of its Processing if it is obliged to do so by law, or in terms of its contractual relationship with Data Subjects.
Actual or planned transfers of Personal Information outside of South Africa
Quro Medical may transfer Personal Information under its control to organisations in other countries in order to:
Quro Medical will take steps to ensure that Operators in foreign countries are bound by laws, binding corporate rules or binding agreements that provide an adequate level of protection of Personal Information and uphold the principles for reasonable and lawful processing of Personal Information, in terms of POPIA.
[Where electronic data is stored in the cloud, Personal Information may be stored outside South Africa. Quro Medical has appropriate contracts in place with service providers to ensure that Personal Information is appropriately secured.]
General description of information security measures implemented by Quro Medical
Quro Medical employs up to date technology to ensure the confidentiality, integrity, and availability of the Personal mation under its care. Such measures include:
ANNEXURE B
FORM 1
REQUEST FOR A COPY OF THE GUIDE
[Regulations 2 and 3 of the PAIA Regulations]
OR
Access form here
ANNEXURE C
FORM 2
REQUEST FOR ACCESS TO RECORD
[Regulation 7 of the PAIA Regulations]
Note:
1. Proof of identity must be attached by the requester.
2. If requests made on behalf of another person, proof of such authorisation must be attached to this form.
Access form here