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Toyota South Africa Motors (Pty) Limited
(Registration Number 1961/001767/07)
("TSAM")
MANUAL in terms of The Promotion of Access to Information Act 2/2000 (the "ACT")
1.1 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 public or private bodies that is required for the exercise or protection of any rights. The Act sets out the procedural requirements attached to requests for information, the requirements which requests must meet as well as the grounds for refusing requests. This Manual informs requesters of what information TSAM holds and the procedural and other requirements which a requester must meet to access the information.
1.2 The Act also recognises that the right to access information must be balanced with other rights and should be subject to limitations including, but not limited to, limitations aimed at the reasonable protection of privacy and commercial confidentiality. The balancing of other rights require that TSAM considers if grounds for refusal of a request for access to information apply.
1.3 The Manual also addresses the rights of data subjects governed by the Protection of Personal Information Act (PoPIA).
5.1 You may request access to all records held by TSAM. In some instances TSAM will not be permitted to grant access to you and if after consideration of your request it determines not to do so, it will notify you and provide you with the reasons for refusal of your request.
5.2 Where you request your own personal information, this information must always be provided to you in terms of your rights of access under POPIA. For your convenience the manner of granting access to you in terms of requests under PAIA and requests under POPIA are distinguished in this section.
Further guidance from the Information Regulator
5.3 If you would like further guidance on your right to access information under PAIA, you may contact the Information Regulator. The contact details of the Information Regulator are:
5.4 The Information Regulator has also published a Guide in each official language of South Africa on how to exercise any right under PAIA. The guide in English is available on the Information Regulator’s website https://inforegulator.org.za/paia-guidelines/.
5.5 TSAM’s Officers contact details in respect of PAIA Requests for Access and POPIA Requests respectively are described under the heading “04. TSAM Contact Details”.
5.6 Details of how you request access to records held by TSAM are described under the heading “08. Form of Request”.
5.7 Details of how you request access to your personal information held by TSAM are provided under the heading “08. Form of Request”.”
SUMMARY: THE RECORDS TSAM HOLDSRecords that are automatically available:| Departmental Records | Subject |
|---|---|
| Communications/ Public Affairs Division |
|
| Environmental Department |
|
| Legal Department / Company Secretarial |
|
| Marketing Division |
|
Records that are subject to rights of refusal:
| Departmental Records | Subject |
|---|---|
| Communications/ Public Affairs Division |
|
| Environmental Department |
|
| Human Resources Division |
|
| Financial Division |
|
| Legal Department / Company Secretarial |
|
| Marketing Division |
|
| Production / Logistics |
|
| Production Engineering |
|
| Quality |
|
6.1 Requests for any of the information listed will be considered by TSAM’s Information Officer. The Information Officer will determine whether TSAM refuses to provide access to these records, subject to the grounds for refusal referred to in paragraph 10.
6.2 Personnel records include:
6.2.1 personal records (provided by personnel);
6.2.2 records provided by a third party relating to personnel;
6.2.3 conditions of employment and other personnel-related contractual and quasi-legal records;
6.2.4 internal evaluation and other internal records;
6.2.5 correspondence relating to personnel; and
6.2.6 training schedules and material.
6.3 Access to records is subject to policies protecting the rights of employees and data subjects.
6.4 "Personnel" as referred to in 6 refers to any person who works for or provides services to or on behalf of TSAM, and who receives or is entitled to receive remuneration, and any other person who assists in carrying out or conducting company business and includes, without limitation, directors (executive and non-executive), all permanent, temporary and part-time staff, as well as contract workers.
TSAM holds records for primarily in terms of the following laws, as amended:
7.1 Basic Conditions of Employment Act 75 of 1997;
7.2 Broad Based Black Economic Empowerment Act No. 53 of 2003;
7.3 Companies Act 61 of 1973;
7.4 Companies Act 71 of 2008;
7.5 Compensation for Occupational Injuries and Disease Act 130 of 1993;
7.6 Consumer Protection Act 68 of 2008;
7.7 Copyright Act 98 of 1978;
7.8 Electronic Communications and Transactions Act 25 of 2002;
7.9 Employment Equity Act 55 of 1998;
7.10 Financial Intelligence Centre Act 38 of 2001;
7.11 Income Tax Act 58 of 1962;
7.12 Labour Relations Act 66 of 1995;
7.13 Occupational Health and Safety Act 85 of 1993;
7.14 Protection of Personal Information Act 4 of 2013;
7.15 Regulation of Interception of Communications and Provision of Communication related Information Act 70 of 2002;
7.16 Skills Development Act 97 of 1998;
7.17 Skills Development Levies Act 9 of 1999;
7.18 Unemployment Insurance Act 63 of 2001; and
7.19 Value Added Tax Act 89 of 1991.
8.1 TSAM has appointed an Information Officer to deal with all matters relating to PAIA and POPIA so it can comply with its obligations.
8.2 You can make a request:
8.2.1 Relating to personal information processed by TSAM (POPIA); or
8.2.2 For access to information or records under the control of TSAM (PAIA).
8.3 To make the request, you can complete either one of the two options below. You can:
8.3.1 Complete the prescribed form 2, available on:
8.3.1.1 TSAM’s website at: click here; or
8.3.1.2 the website of the Department Of Justice And Constitutional Development (under regulations) at: https://inforegulator.org.za/wp-content/uploads/2020/07/InfoRegSA-PAIA-Form02-Reg7.pdf
8.3.1.3 If you make a request using form 2, please submit the completed form to TSAM’s Information Officer using the contact details we provide.
8.3.2 Complete TSAM’s information request webform (webform) available here. The webform allows you to make a request relating to request access to:
8.3.2.1 Information or records under the control of TSAM (PAIA); or
8.3.2.2 Personal information processed by TSAM (POPIA).
8.3.2.3 If you make a request using the webform, please complete all required fields and click the ‘submit’ button at the bottom of the webform.
8.3.3 If your request is in terms of PAIA and relates to records or information held by TSAM, please ensure the completed form or webform:
8.3.3.1 has enough information for the information officer to identify you, the requested records, and the form of access you require;
8.3.3.2 specifies your email address, postal address or fax number;
8.3.3.3 describes the right you seek to exercise or protect;
8.3.3.4 explains why you need the requested record to exercise or protect that right;
8.3.3.5 provides any other way you would like to be informed of our decision other than in writing; and
8.3.3.6 provides proof of the capacity in which you make the request if you make it on behalf of someone else (TSAM will decide if this proof is satisfactory).
8.3.4 If your request relates to personal information processed by TSAM in terms of POPIA, please ensure the completed webform:
8.3.4.1 has enough information for the information officer to identify you;
8.3.4.2 describes the personal information that relates to your request;
8.3.4.3 identifies type of request you are making;
8.3.4.4 specifies your email address, postal address or fax number; and
8.3.4.5 provides proof of the capacity in which you make the request if you make it on behalf of someone else (TSAM will decide if this proof is satisfactory).
8.4 If you do not use TSAM’s standard form or webform, TSAM may:
8.4.1 Reject the request due to lack of procedural compliance;
8.4.2 Refuse it if you do not provide sufficient information;
8.4.3 Contact you to request further information; or
8.4.4 Delay it.
9.1 A requester is required to pay the prescribed fees before a request will be processed as required by law;
9.2 If the preparation of the record requested requires more than the prescribed six hours, a deposit must be paid (of not more than one third of the access fee which would be payable if the request were granted);
9.3 A requester may lodge an application with a court against the tender/payment of the request fee or deposit;
9.4 Records may be withheld until the fees have been paid.
9.5 The fees for accessing records of public bodies are prescribed and can be found at paragraph 3.2.1 of the “Guide on how to use the Promotion of Access to Information Act 2 of 2000” published by the Information Regulator at https://inforegulator.org.za/popia-forms/” (Guide on how to use the Promotion of Access to Information Act 2 of 2000 Section 15)
10.1 TSAM may have to refuse you access to certain records in terms of PAIA to protect:
10.1.1 someone else’s privacy;
10.1.2 another company’s commercial information;
10.1.3 someone else’s confidential information;
10.1.4 the safety of individuals and property;
10.1.5 records privileged from production in legal proceedings; or
10.1.6 research information.
10.2 TSAM will notify the requester, in writing, whether the request has been approved or denied within thirty calendar days after receipt by TSAM of a properly completed request for access form and the payment of applicable fees.
10.3 If after diligent efforts have been made records requested do not exist or cannot be located, TSAM will notify you. You will be provided with an affidavit deposed to by TSAM’s Information Officer (or persons delegated by the Information Officer to do so) confirming that it is not possible to provide access to the records requested as they cannot be located.
11.1 If you are dissatisfied with TSAM’s Information Officer’s:
11.1.1 decision to not provide you with access to any information requested; or
11.1.2 request for a time extension to process your access request;
11.1.3 you may, within 180 days, approach the Information Regulator by completing Form 5 published in the Regulations, available on the Information Regulator’s website at Complaint Regarding Interference with the Protection of Personal Information.
11.2 You may always approach a court (even if you have not first approached the Information Regulator) if you wish to complain against a decision of TSAM’s Information Officers.
12.1 TSAM processes various categories of personal information for the purposes described in 13.
12.1.1 Private Customer Information; 12.1.2 Company Customer Information;
12.1.3 Dealer Information;
12.1.4 Export Customer Information;
12.1.5 Supplier Information; and
12.1.6 Employee Information.
13.1 provide goods or supply services;
13.2 better understand data subjects’ needs when doing so;
13.3 keep data subject records up to date;
13.4 manage employees;
13.5 manage supplier contracts;
13.6 manage dealer relationships;
13.7 manage customers;
13.8 manage customer credit;
13.9 market to customers in various countries;
13.10 educate children of TSAM Personnel;
13.11 enforce debts;
13.12 market goods and services to prospects;
13.13 run promotional competitions for businesses;
13.14 action customer requests or complaints;
13.15 gather information of unlaw activities to enforce TSAM’s rights;
13.16 use biometric information for access control; and
13.17 any other lawful purpose of which the data subject has been notified prior to or as soon as reasonably possible after the collection of the personal information.
14.1 contact details, such as phone numbers, physical and postal addresses, and email addresses;
14.2 personal details, such as names and ages;
14.3 demographic details, such as races and age groups;
14.4 health information;
14.5 biometric information;
14.6 account numbers;
14.7 background information;
14.8 contract information;
14.9 credit information;
14.10 market intelligence information;
14.11 learner information; and
14.12 debt and debtor information.
15.1 contractors, vendors, or suppliers;
15.2 agents, distributors, or other resellers;
15.3 operators, other responsible parties, or co-responsible parties; and
15.4 third party vendors (such as software developers) to help us maintain our services.
