HIS section entitles the
Data Subject (DS) not only to
have access to information
but also to correct or delete
any inaccurate personal
information (PI).
The right of access is dealt
with as follows:
DS may ask the
responsible person
(RP) whether or not it in
fact holds any Personal
Information of the DS – no
fee may be charged for
rendering this advice
DS may then ask for
details (fee applicable) of:
PI held, as well as
Details of third parties
who have or may have had
access thereto
The application by the DS
must meet the following
requirements:
It must be done within a
reasonable time (of the
initial enquiry)
Upon payment of the
prescribed fee (not
excessive)
It must be in a ‘reasonable
manner & format’
It must be ‘generally
understandable’ – compare
with the CPA ‘plain
language’
The RP:
Must advise the DS of the
right to correct information
(see below)
Must provide the DS with a
written estimate of the fee
May refuse to provide
PI (in whole or in part)
on grounds contained
Parts 2 & 3 of Chapter 4
(sections 63, 64 & 65) of
the Promotion of Access to
Information Act (‘PAIA’) e.g.
if the PI contains:
Privileged information
Confidential information
Commercial information of
third parties.
From Louis the Lawyer- POPI
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