Section 51 PAIA Manual BMR (Pty) Ltd (Private Body)

Prepared and compiled on 2022-02-09 in accordance with Section 51 of the Promotion of Access to Information Act, No 2 of 2000 (as amended) in respect of Bureau of Market Research Pty Ltd.

Registration number: 2019/001154/07
Update: 2022-02-09

1.  INTRODUCTION

The Bureau of Market Research (Pty) Ltd (BMR) is a private company registered (2019/001154/07) under the companies Act of 2013. The BMR functions as a wholly owned subsidiary of Unisa Enterprise (Pty) Ltd within the University of South Africa (Unisa) Corporate Group structure. The BMR operates as an independent market research entity. The BMR is mandated to grow the knowledge-based economy of South Africa and Africa by conducting applied market research to enhance the quality and application of market intelligence and to empower policy decision-making that creates economic and social benefits for everyone.

2.  THE ACT

The Promotion of Access to Information Act, No 2 of 2000 (“The Act”) was enacted on 3 February 2000, giving effect to the right of access to any information held by Government, as well as any information held by another person who is required for the exercising or protection of any rights. This right is entrenched in the Bill of Rights in the Constitution of South Africa. Where a request is made in terms of The Act, the body to which the request is made is not obliged to release the information, except where The Act expressly provides that the information may or must be released. The Act sets out the requisite procedural issues attached to such request.

3.  PURPOSE OF THE MANUAL

In order to promote effective governance of private bodies, it is necessary to ensure that everyone is empowered and educated to understand their rights in terms of The Act in order for them to exercise their rights in relation to public and private bodies.

Section 9 of The Act, however, recognizes that such 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

And in a manner that balances that right with any other rights, including such rights contained in the Bill of Rights in the Constitution.

Wherever reference is made to “Private Body” in this manual, it will refer to Bureau of Market Research Pty Ltd.

This PAIA Manual assist you to-

3.1  check the categories of records held by Bureau of Market Research Pty Ltd which are available without a person having to submit a formal PAIA request;

3.2  have a sufficient understanding of how to make a request for access to a record of Bureau of Market Research Pty Ltd, by providing a description of the subjects on which Bureau of Market Research Pty Ltd holds records and the categories of records held on each subject;

3.3  know the description of the records of Bureau of Market Research Pty Ltd which are available in accordance with any other legislation;

3.4  access all the relevant contact details of the Information Officer and Deputy Information Officer who will assist you with the records you intend to access;

3.5  know the description of the guide on how to use PAIA, as updated by the Regulator and how to obtain access to it;

3.6  know if Bureau of Market Research Pty Ltd 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;

3.7  know the description of the categories of data subjects and of the information or categories of information relating thereto;

3.8  know the recipients or categories of recipients to whom the personal information may be supplied;

3.9  know if Bureau of Market Research Pty Ltd 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

3.10 know whether Bureau of Market Research Pty Ltd has appropriate security measures to ensure the confidentiality, integrity and availability of the personal information which is to be

4.  CONTACT DETAILS

Information Officer: Prof Deon Harold Tustin

Postal Address:
PO Box 392
Pretoria 0003

Physical Address:
UNISA Main Campus First Floor
Room B1-04
Winnie Madikizela-Mandela Building Goldfields Entrance
340 Preller Street Muckleneuk Ridge
Pretoria Muckleneuk Ridge 0003

Telephone No:
(012) 4293329
0726729153

E-mail: deon.tustin@bmr.co.za

Deputy Information Officer:  Ms Madeleine Goetz

GENERAL INFORMATION:

Name of Private Body:
Bureau of Market Research Pty Ltd

Registration No: 2019/001154/07

Postal Address:
PO Box 392
Pretoria 0003

Physical Address (or principal place of business):
UNISA Main Campus First Floor
Room B1-04
Winnie Madikizela-Mandela Building Goldfields Entrance
340 Preller Street Muckleneuk Ridge
Pretoria Muckleneuk Ridge 0003

Telephone No: 
(012) 4293329
0726729153

E-mail: deon.tustin@bmr.co.za
Website: www.bmr.co.za

5.   GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE

5.1  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.

5.2  The Guide is available in each of the official languages and in braille.

5.3  The aforesaid Guide contains the description of-

5.3.1  the objects of PAIA and POPIA;

5.3.2  the postal and street address, phone and fax number and, if available, electronic mail address of-

5.3.2.1  the Information Officer of every public body, and
5.3.2.2  every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA and section 56 of POPIA;

5.3.3  the manner and form of a request for-

5.3.3.1  access to a record of a public body contemplated in section 11 of PAIA; and
5.3.3.2  access to a record of a private body contemplated in section 50 of PAIA;

5.3.4  the assistance available from the IO of a public body in terms of PAIA and POPIA;

5.3.5  the assistance available from the Regulator in terms of PAIA and POPIA;

5.3.6  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-

5.3.6.1  an internal appeal;
5.3.6.2  a complaint to the Regulator; and
5.3.6.3  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;

5.3.7  the provisions of sections 14 and 51 of PAIA requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;

5.3.8  the provisions of sections 15 and 52 of PAIA providing for the voluntary disclosure of categories of records by a public body and private body, respectively;

5.3.9  the notices issued in terms of sections 22 and 54 of PAIA regarding fees to be paid in relation to requests for access; and

5.3.10  the regulations made in terms of section 92 of

5.4  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.

5.5  The Guide can also be obtained-

5.5.1  upon request to the Information Officer;

5.5.2  from the website of the Regulator (https://www.justice.gov.za/inforeg/).

5.6  A copy of the Guide is also available in two official languages, for public inspection during normal office

6.  RECORDS AUTOMATICALLY AVAILABLE TO THE PUBLIC

7. RECORDS OF THE PRIVATE BODY

This clause serves as a reference to the records that the Private Body holds in order to facilitate a request in terms of The Act.

The information is classified and grouped according to records relating to the following subject and categories: It is recorded that the accessibility of the documents listed herein below, may be subject to the grounds of refusal set out hereinafter.

8.  RECORDS REQUIRED IN TERMS OF LEGISLATION

Records are kept in accordance with legislation applicable to Bureau of Market Research Pty Ltd, which includes but is not limited to, the following –

Reference to the above-mentioned legislation shall include subsequent amendments and secondary legislation to such legislation.

9.  PROCESSING OF PERSONAL INFORMATION

9.1        Purpose of Processing Personal Information

Personal information is collected by the BMR directly from ‘data subjects’ or may be collected indirectly from other external sources for purposes of fulfilling our market research business mandate and sector specific obligations. As a market research entity the BMR needs to have a complete understanding of the consumer and business markets and research demands and needs to be proactive and pre-emptive in effectively identifying risks that impacts on the achievement of our mandate. In order to effectively achieve these goals, the BMR collects information from multiple sources, inclusive of the following:

• Public and private entities commissioning research studies to the BMR
• Syndicate research clients
• Respondents (Household and business data subjects)
• Fieldworkers/interviewers
• Research Service Providers
• Other Service Providers (Finance, ICT, HR, Legal)
• Media sources such as newspapers, social media and the broadcast news
• Under- and postgraduate students
• Members of the public

 9.2       Description of the categories of Data Subjects and of the information or categories of information relating thereto

 9.3       The recipients or categories of recipients to whom the personal information may be supplied
 

9.4       Planned transborder flows of personal information

The BMR occasionally conducts research in African countries. Commissioned Research by International clients focusing on youth-related research topics, spread across 55 African Union (AU) member states. Personal information (client contact details) of international data subjects are secured through cloud-based storage and client information is warehoused within the BMR information systems.

9.5      General description of Information Security Measures to be implemented by the responsible party to ensure the confidentiality, integrity and availability of the information

Our security systems and controls are designed to maintain confidentiality, prevent loss, unauthorised access and damage to information by unauthorised parties. Our cyber security strategy is aligned to industry standard frameworks to ensure effective cyber security risk management for the company. We conduct continuous security vulnerability assessments to improve our security posture and provide assurance to all our stakeholders.

Personal information of data subjects are safeguarded through private password access control to individual laptop computers and shared information platforms. Risk of any potential information loss is mitigated through weekly security maintenance by an independent professional ICT service provider and a secure cloud-based management system. Information sensitivity strategies are applied for all Office 365 software applications (Microsoft Word, Excel, Outlook email and calender) to sensitise recipients of information regarding the management and use of personal information shared in company correspondence. Anti-virus and anti-malware solutions are also secured through the independent ICT service provider.

Protection of personal information is also guaranteed via secure lock-up inventories where paper-based questionnaires containing personal information are securely stored for research purposes up to a minimum of five years.

Employee and client personal information are stored online or in lock-up cabinets and offices.

With reference to the processing of personal information, the BMR applies de- identification or anonymisation. These techniques are often used when publishing or disclosing information which safeguards the personal identity of data subjects. Furthermore, personal information is masked or pseudonymised by the BMR when identified fields are replaced by pseudonyms and the information cannot be linked by a specific data subject without additional information. Pseudonymisation forms an important “data protection by design” strategy applied by the BMR to protect the personal information of individuals or jurisdict persons.

10.   REQUEST PROCEDURE FOR OBTAINING INFORMATION

Access to records held by the PRIVATE BODY

Records held by the Private Body may be accessed by request only once the prerequisites for access have been met.

The requester must fulfil the prerequisites for access in terms of The Act, including the payment of a requested access fee.

The requester must 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 herein.

The prescribed form must be filled in with enough particulars 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 postal address or fax number or email address of the

The requester must state that he/she requires the information in order to exercise or protect a right, and clearly state what the nature of the right to be exercised or protected is. In addition, the requester must clearly specify why the record is necessary to exercise or protect such a right.

The Private Body will process the request within 30 days, unless the requester has stated a special reason that would satisfy the Information Officer that circumstances dictate that the above time periods are not complied with.

The requester shall be informed whether access has been granted or denied. If, in addition, the requester requires the reason for the decision in any other manner, he / she 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 requesters 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.

The requester must pay the prescribed fee before any further processing can take place.

11.  FEES

When the Information Officer receives the request, such Officer shall by notice require the requester to pay the prescribed request fee (if any), before any further processing of the request.

If the search for the record has been made in the preparation of the record for disclosure, including arrangements to make it available in the requested form, and it requires more than the hours prescribed in the regulation for this purpose, the Information Officer shall notify the requester to pay as a deposit the prescribed portion of the access fee which would be payable if the request is granted.

The Information Officer shall withhold a record until the requester has paid the Fees as indicated.

A requester, whose request for access to a record has been granted, must pay an access fee for reproduction and for search and preparation, and for any time reasonably required in excess of the prescribed hours to search for and prepare the record for disclosure, including making arrangements to make it available in the requested form.

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.

12.  GROUNDS FOR REFUSAL OF ACCESS TO INFORMATION

The main grounds for the Private Body to refuse a request for information relates to the:

Mandatory protection of the privacy of a third party that is a natural person that 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, disclosure of which could likely cause harm to the financial or commercial interests of that third party;
• Information disclosed in confidence by a third party to the Private Body, 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 confidential information of the protection of property; Mandatory protection of records that would be regarded as privileged in legal proceedings;

The commercial activities of the Private Body, which may include:

• Trade secrets of the Private Body;
• Financial, commercial, scientific or technical information, disclosure which could likely cause harm to the financial or commercial interest of the Private Body;
• Information which, if disclosed could put the Private Body at a disadvantage in negotiations or commercial competition;
• A computer program, owned by the Private Body, and protected by

The research information of the Private Body or a third party, if its disclosure would reveal the identity or the Private Body, the researcher or the subject matter of the research and would place the research at a serious disadvantage;

Requests for information that are clearly frivolous or vexatious, or which would involve an unreasonable diversion of resources shall be refused.

13.  DECISION

The Private Body 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 the Private Body has to decide whether to grant or refuse the request, may be extended for further period of not more than thirty days if the request is for a large amount of information, or the request requires a search for information held at another office of the Private Body and the information cannot reasonably be obtained within the original 30 day period. The Private Body will notify the requester in writing should an extension be sought.

AVAILABILITY OF THE MANUAL

The manual of the Private Body is available at the premises of the Private body as well as on the website of the Private Body.

Signed by:

Date:  2022-02-16