Promotion of Access to Information Manual
Prepared in accordance with Section 51 of the Promotion of Access to Information Act, No 2 of 2000.
This Manual applies to Dougall Insurance Company T/ as Crawford Dougall Insurance Brokers (hereafter referred to as Crawford Dougall Insurance Brokers ”).
List of Acronyms and Abbreviations
- “CEO” Chief Executive Officer
- “DIO” Deputy Information Officer
- “Data Subject” Person to whom the personal information relates
- “IO“ Information Officer
- “MD” Managing Director
- “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
- “Private Body” A natural person, partnership or any former or existing
juristic person who carries or has carried on any trade,
business or profession
- “Regulator” Information Regulator of South Africa, and
- “Republic” Republic of South Africa
Purpose of the PAIA Manual
This guide to accessing records held by Crawford Dougall Insurance Brokers is intended to provide guidelines to members of the public who wish to exercise their constitutional right to access to information.
Below is information on how to lodge a request, a description of the types of records that will be made available, grounds for refusal, what procedure will be followed in considering a request, the applicable fee structure and information on the appeals procedure should the outcome of a request not satisfy the requester.
Introduction
Crawford Dougall Insurance Brokers conducts business as an Insurance Broker We are a registered financial services provider with the Financial Sector Conduct Authority (FSCA). Our FSCA licence number is: 24450.
The Promotion of Access to Information Act, No. 2 of 2000 (“the Act”) gives effect to the constitutional right of access to any information in records held by private bodies that is required for the exercise or protection of any rights. The Act grants a requester access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the public interest. The Act sets out the requisite procedural issues attached to a request for access to information, the requirements which such request must meet as well as the grounds for refusal or partial refusal of such request.
This manual informs requesters of procedural and other requirements which requests must meet as prescribed by the Act.
The Act recognises that the right to access to information cannot be unlimited and should be subject to justifiable limitations, including, but not limited to limitations aimed at the reasonable protection of privacy, commercial confidentiality, and effective, efficient and good governance in a manner which balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.
Contact Details and Information
All requests for access to records in terms of the Act must be in writing and must be addressed to the Information Officer or Deputy Information Officer at the below contact details:
Information Officer:
Simon Dougall
Physical Address: 130 Adelaide Tambo Drive, Durban North, 4051
Tel: +27 031 2073272
Email: Simon@dougall.co.za
Website: www.crawforddougall.co.za
Deputy Information Officer:
Jason Grieve
Physical Address: 130 Adelaide Tambo Drive, Durban North, 4051
Tel: +27 031 2073272
Email:Jason@dougall.co.za
Website: www.crawforddougall.co.za
Access to Information General Contacts
Email: Simon@dougall.co.za
Purpose of Processing Personal Information
We collect personal information to be able to provide financial services for the marketing and assisting individuals with their financial services product requirements. We also process personal information for employment of staff and outsourcing of specialised services.
Records of Applicable Legislation which are Available in Accordance with any Other Legislation:
A table of legislation setting out a description of the records of Crawford Dougall Insurance Brokers which are available in accordance with other legislation:
| Category of records | Applicable legislation | |
| No | Ref | Act |
| 1 | No 71 of 2008 | Companies Act |
| 2 | No 95 of 1967 | Income Tax Act |
| 3 | No 66 of 1995 | Labour Relations Act |
| 4 | No 89 of 1991 | Value Added Tax Act |
| 5 | No 75 of 1997 | Basic Conditions of Employment Act |
| 6 | No 25 of 2002 | Electronic Communications and Transactions Act |
| 7 | No 2 of 2000 | Promotion of Access of Information Act |
| 8 | No 54 of 2002 | Promotion of Access of Information Amendment Act |
| 9 | No 30 of 1996 | Unemployment Insurance Act |
| 10 | No 78 of 1998 | National Payment System Act |
| 11 | No 38 of 2001 | Financial Intelligence Centre Act |
| 12 | No 85 of 1993 | Occupational Health and Safety Act |
| 13 | No 9 of 1999 | Skills Development Levies Act |
| 14 | No 4 of 2013 | Protection of Personal Information Act |
| 15 | No 26 of 2000 | Protected Disclosures Act |
| 16 | No 130 of 1993 | Compensation for Occupational Injuries and Diseases Act |
| 17 | No 12 of 2004 | Prevention and Combating of Corrupt Activities Act |
| 18 | No 53 of 2003 | Broad Based Black Economic Empowerment Act |
| 19 | No 36 of 2005 | Electronic Communications Act |
| 20 | No 37 of 2002 | Financial Advisory and Intermediary Services Act |
| 21 | No 68 of 2008 | Consumer Protection Act |
| 22 | No 55 of 1998 | Employment Equity Act |
| 23 | No 18 of 2017 | Insurance Act |
| 24 | No 34 of 2005 | National Credit Act |
| 25 | No 68 of 1969 | Prescription Act |
Category of Records of Crawford Dougall Insurance Brokers Available without Requiring Access Request
Crawford Dougall Insurance Brokers has under its control or in its possession the following categories of records under the subjects described below. The categories of records are not exhaustive and are subject to amendment from time to time. A request made for access to these records will not be automatically granted but will be evaluated in accordance with the provisions of the Act, any other legal requirements, and Crawford Dougall Insurance Brokers policies.
| Category of record | Type of record | Available on website | Available on request |
| Governance & FAIS Disclosures | Complaints Management Framework.Conflict of Interest PolicyTreating Customers Fairly Policy | X | X |
| Forms | Proposal FormsClaim Forms | X | X |
| Marketing | Product offeringsExternal newsletters and circularsInternal newsletters and circularsInformation on the company published by third parties | X | X |
Subjects on which Crawford Dougall Insurance Brokers Holds Records
| Subjects on which Crawford Dougall Insurance Brokers holds records | Categories of records |
| Company Secretarial Records | Company incorporation documentsNames of directorsSalaries of directors |
| Financial | Financial statementsManagement accountsFinancial and Tax records (Company & Employee)Asset RegisterStatutory returnsFinancial agreementsBanking details |
| Human Resources | HR policies, procedures and recordsStatutory Employee recordsPerformance recordsKey Individual & Representative registerPayroll recordsRecruitment and TerminationList of employeesPersonal information of employeesEmployee contracts of employmentPension funds & Provident FundLeave records |
| Insurance of Company | Insurance policies held by the companyAsset register |
| Marketing | Customer databaseMarketing strategy |
| Client Records | Key Individual & Representative RegistersAccountsMonitoring ReportsFinancial StatementsDocumented policies and proceduresProfile changesCIPC documentsLicence certificatesQualificationsComplaintsContact details of individuals within customersCommunications with customers |
| Company Policies and Directives | Internal relating to employees and the companyExternal relating to clients and other third parties |
| Agreements or Contracts | Standard agreementsContracts concluded with customersNDAsLetters of Intent, MOUsThird party contracts such as JV agreements, other agreements etc.)Office management contractsSupplier contracts |
| Regulatory | Licenses or Authorisations |
Categories of Data Subjects and Information
| Categories of Data Subjects | Types of Personal Information Processed |
| Customers / Clients | Name, surname, address, registration numbers, identity numbers, identity documents, bank details, cellphone numbers, email addresses, financial statements, application forms, VAT numbers, Telephone numbers, website address |
| Service Providers | Names, registration number, VAT numbers, Address, email address, cellphone number, Telephone number and bank details |
| Employees | Address, qualifications, gender, race, identity numbers, passport numbers, bank account details, leave records |
The Recipients or Categories of Recipients to Whom the Personal Information May be Supplied
| Category of personal information | Recipients or Categories of Recipients to whom the personal information may be supplied |
| ID and / or passport numbers | Regulatory Authorities in South Africa – Financial Services Conduct Authority (FSCA), Financial Intelligence Centre (FIC), South Africa Revenue Services (SARS) Financial Services Providers (FSPs), Department of Labour (DL), Accounting service provider, Verification agencies |
| Email address | Marketing service provider, FSCA |
| VAT numbers | SARS, Accounting service provider |
| Payroll | Payroll service provider, Banks |
| Representative Registers | FSCA, FSPs |
| Company Registration numbers | FSCA, CIPC, Accounting service providers |
| Telephone and Cellphone Numbers | FSCA, FIC, FSPs, CIPC, Accounting service providers |
| Addresses | FSCA, SARS, Accounting service providers |
| Bank Account details for payment details and FAIS Registration | Clients, FSCA, Accounting service providers |
| FSP service providers (accounting officers and auditors) | FSCA |
Planned Transborder Flows of Personal Information
Crawford Dougall Insurance Brokers stores records in data centres in South Africa
General Security Measures Implemented by the Responsible Party to Ensure the Confidentiality, Integrity and Availability of the Information
To safeguard personal information, Crawford Dougall Insurance Brokers has implemented various state of the art security measures and ensures these are maintained and upgraded.
The Following need to be Considered before Submission of a Request for Information:
Is the Request Submitted to Exercise or Protection of a Requester’s Legitimate Rights?
The exercise of a requester’s rights is subject to justifiable limitations, including the reasonable protection of privacy, commercial confidentiality, and effective, efficient and good governance. This legislation may not be used for access to a record for criminal or civil proceedings or requested after the commencement of such proceedings.
Is the Information Under the Control of Crawford Dougall Insurance Brokers?
The Act only applies to records that have already been created, at the date of the request, and that are under the control of Crawford Dougall Insurance Brokers. Crawford Dougall Insurance Brokers is not obliged to retrieve any records on behalf of a requester that are no longer under its control, even where Crawford Dougall Insurance Brokers created the record.
Does the Requester have a Legitimate Right to Access the Record?
A request may only be made to exercise a requester’s own right, or where the request is made on behalf of another person, the requester must submit proof of their capacity to act on behalf of the person in whose name the request is made.
Grounds for Refusal of Access to Records
The main grounds for Crawford Dougall Insurance Brokers to refuse a request for information relates to the:
- mandatory protection of the privacy of a third party who is a natural person, which would involve the unreasonable disclosure of personal information of that natural person,
- mandatory protection of the commercial information of a third party, if the record contains:
- trade secrets of that third party,
- financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of that third party,
- information disclosed in confidence by a third party to Crawford Dougall Insurance Brokers , if the disclosure could put that third party at a disadvantage in negotiations or commercial competition,
- mandatory protection of confidential information of third parties if it is protected in terms of any agreement,
- mandatory protection of the safety of individuals and the protection of property,
- mandatory protection of records which would be regarded as privileged in legal proceedings,
- the commercial activities of Crawford Dougall Insurance Brokers, which may include:
- trade secrets of Crawford Dougall Insurance Brokers,
- financial, commercial, scientific or technical information which disclosure could likely cause harm to the financial or commercial interests of Crawford Dougall Insurance Brokers,
- information which, if disclosed could put Crawford Dougall Insurance Brokers, at a disadvantage in negotiations or commercial competition, and
- a computer program which is owned by Crawford Dougall Insurance Brokers, and which is protected by copyright.
Requests for information that are clearly frivolous or vexatious, or which involve an unreasonable diversion of resources shall be refused.
Internal Remedies
Crawford Dougall Insurance Brokers, does not have internal appeal procedures. As such, the decision made by the Information Officer is final, and requesters will have to exercise such external remedies at their disposal if the request for information is refused, and the requester is not satisfied with the answer supplied by the Information Officer.
External Remedies
Subject to the provisions of the Act, a requester that is dissatisfied with an Information Officer’s refusal to disclose information, may within 180 days of notification of the decision, apply to a Court for relief.
Likewise, a third party dissatisfied with an Information Officer’s decision to grant a request for information, may within 180 days of notification of the decision, apply to a Court with appropriate jurisdiction for relief.
Request Procedure
- The following procedural requirements serve as guidelines for requesters,
- The requester must also comply with all the procedural requirements contained in the Act relating to the request for access to a record,
- The requester must complete the prescribed form and submit same as well as payment of a request fee and a deposit, if applicable to the Information Officer at the postal or physical address, fax number or electronic mail address as stated above,
- The prescribed from must be filled in with enough particularity to at least enable the Information Officer to identify:
- The record or records requested,
- The identity of the requester,
- Which form of access is required, if the request is granted,
- The requester (and if an agent is lodging the request, proof of capacity),
- The postal address or fax number of the requester,
- The requester must state the nature of the right for which access to the requested records is required. The courts have indicated that access to the records must be “necessary” for the exercise or protection of the right so stated,
- Subject to the provisions in the Act in respect of extensions, Crawford Dougall Insurance Brokers, will process the request within 30 days, unless the requester has stated special reasons which would satisfy the Information Officer that circumstances dictate that the above time periods not be complied with,
- The requester shall be informed in writing whether access has been granted or denied. If, in addition, the requester requires the reasons for the decision in any other manner, he must state the manner and the particulars so required,
- If a request is made on behalf of another person, then the requester must submit proof of the capacity in which the requester is making the request to the reasonable satisfaction of the Information Officer,
- If an individual is unable to complete the prescribed form because of illiteracy or disability, such a person may make the request orally.
A fee for a copy of the Manual, as contemplated in annexure B of the Regulations, shall be payable per each A4-size photocopy made.
The requester must pay the prescribed fee before any further processing can take place.
| Description | Cost per A4-size page or part thereof/item | Number of pages/items | Total |
| The request fee payable by every requester | N/A | N/A | R140.00 |
| Photocopy / printed black & white copy of A4-size page | R2.00 | ||
| Printed copy of A4-size page | R2.00 | ||
| For a copy in a computer-readable form on: a) Flash drive – to be provided by requesterb) Compact disc – (i) if provided by requester (ii) if provided to the requester | R40.00 (i) R40.00(ii) R60.00 | ||
| For a transcription of visual images per A4-size page | Service to be outsourced. Will depend on quotation from Service provider. | ||
| Copy of visual images. | |||
Transcription of an audio record, per A4-size page | R24.00 | ||
| Copy of an audio record. Flash Drive – to be provided by requesterCompact disc – (i) if provided by requester (ii) If provided to the requester | R40.00 R40.00R60.00 | ||
| 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 a total cost of | R145.00 R435.00 | ||
| A deposit if payable if search exceeds 6 hours | Amount of deposit (calculated on one third of total amount per request). | Hours of search | |
| Postage, email or any other electronic transfer | Actual costs if any |
If a deposit has been paid in respect of a request for access, which is refused, then the Information Officer concerned must repay the deposit to the requester.
Access to Records Held by Crawford Dougall Insurance Brokers,
Records held by Crawford Dougall Insurance Brokers, may be accessed by requests only once the prerequisite requirements for access have been met,
- A requester is any person making a request for access to a record of Crawford Dougall Insurance Brokers. There are two types of requesters:
Personal Requester
- A personal requester is a requester who is seeking access to a record containing personal information about the requester,
- Subject to the provisions of the Act and applicable law, Crawford Dougall Insurance Brokers will provide the requested information, or give access to any record about the requester’s personal information. The prescribed fee for reproduction of the information requested will be charged.
Other Requester
- This requester (other than a personal requester) is entitled to request access to information on third parties. However, Crawford Dougall Insurance Brokers is not obliged to grant access. The requester must fulfil the prerequisite requirements for access in terms of the Act, including the payment of a request and access fee.
Decision
- Crawford Dougall Insurance Brokers will, within 30 days of receipt of the request, decide whether to grant or decline the request and give notice with reasons (if required) to that effect,
- The 30-day period within which Crawford Dougall Insurance Brokers has to decide whether to grant or refuse the request, may be extended for a further period of not more than 30 days if the request is for a large number of information, or the request requires a search for information held at another office of Crawford Dougall Insurance Brokers and the information cannot reasonably be obtained within the original 30-day period. Crawford Dougall Insurance Brokers will notify the requester in writing should an extension be sought.
Availability of the Manual
This manual is made available in terms of Regulation Number R. 187 of 15 February 2002.
A copy of the Manual is available:
- on www.crawforddougall.co.za
- from the head office of Crawford Dougall Insurance Brokers 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.
Updating of the Manual
The Information Officer of Crawford Dougall Insurance Brokers will on a regular basis update this manual.
Issued by
___________________________________________________
Simon Dougall
Chief Executive Officer / Key individual