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Promotion of Access to Information Act, 2000 (Act No. 2 of 2000)

Part 3 : Access to Records of Private Bodies

Chapter 5 : Third Party Notification and Intervention

73. Decision on representations for refusal and notice thereof

 

(1) The head of a private body must, as soon as reasonably possible, but in any event within 30 days after every third party is informed as required by section 71—
(a) decide, after giving due regard to any representations made by a third party in terms of section 72, whether to grant the request for access; and
(b) notify the third party so informed and a third party not informed in terms of section 71, but that made representations in terms of section 72 or is located before the decision is taken, of the decision; and
(c) notify the requester of the decision and, if the requester states, as contemplated in section 53(2)(e), that he or she wishes to be informed of the decision in any other matter, inform him or her in that manner if it is reasonably possible, and if the request is—
(i) granted, notify the requester in accordance with section 56(2); or
(ii) refused, notify the requested in accordance with section 56(3).

[Section 73(1) substituted by section 44 of Act No. 42 of 2001]

 

(2) If, after all reasonable steps have been taken as required by section 71, a third party is not informed of a request, any decision whether to grant the request for access must be made with due regard to the fact that the third party did not have the opportunity to make representations in terms of section 72 why the request should be refused.

 

(3) If the request is granted, the notice in terms of subsection (1)(b) must state—
(a) adequate reasons for granting the request, including the provisions of this Act relied upon to justify the granting;
(b) that the third party may lodge a complaint to the Information Regulator or an application with a court against the decision of the head within 30 days after notice is given, and the procedure for lodging the complaint to the Information Regulator or the application; and
(c) that the requester will be given access to the record after the expiry of the applicable period contemplated in paragraph (b), unless a complaint to the Information Regulator or an application with a court is lodged within that period.

[Section 73(3)(b)(c) substituted by the Schedule: Laws Amended by Section 10, Protection of Personal Information Act 2013 (Act No. 4 of 2013), Notice No. 912, dated 26 November 2013]

 

(4) If the head of the private body decides in terms of subsection (1) to grant the request for access concerned, he or she must give the requester access to the record concerned after the expiry of 30 days after notice is given in terms of subsection (1)(b), unless a complaint to the Information Regulator or an application with a court is lodged against the decision within that period.

[Section 73(4) substituted by the Schedule: Laws Amended by Section 10, Protection of Personal Information Act 2013 (Act No. 4 of 2013), Notice No. 912, dated 26 November 2013]