THE AUTOMOBILE ASSOCIATION OF SOUTH AFRICA NPC MANUAL in terms of Section 51 of The Promotion of Access to Information Act 2/2000 (the “ACT”)

1. INTRODUCTION

Established in 1930, the AA offers a range of products and services to Members on a monthly or annual subscription fee basis. The Association offers emergency roadside, medical and personal armed security services, access to insurance and warranty products, travel and accommodation benefits, as well as a range of products aimed at enhancing vehicle ownership and mobility.

Many of the AA’s products and services are also available to non-Members, including various rates calculators, and access to International Driving Permits (IDPs).
In addition to servicing individual Members and non-Members, the AA offers a range of bespoke solutions for corporate clients to manage their fleet vehicles. These solutions can also be customised to provide corporate clients a solution for their own customers.

A focus of the AA is to offer services to Members and non-Members using technology as means to enable them to interact with the Association.

The AA also plays a strong advocacy role within the road safety arena and works tirelessly with government and other stakeholders to make roads safe and improve vehicle safety standards.

This manual outlines the implementation of PAIA (and aspects of POPIA) at the Automobile Association of South Africa, NPC (AA), and lists the primary records held by the company which can be accessed in accordance with the provisions of law. It further sets out how people can access information in terms of POPI.

2. COMPANY CONTACT DETAILS

The Chief Executive of the Automobile Association, as head of the private body, has delegated his powers to the Executive: Corporate Affairs, as Information Officer, whose details appear hereunder for purposes of dealing with all matters in connection with Requests for information on the AA’s behalf, and to ensure compliance with the PAIA statute.

2.1. Designated/duly authorised persons:
Executive Directors: Mr. Sikkie Kajee (Acting CEO)
Mr. N P Crous (CFO)
Information Officer: Ms. M Ferreira (Corporate Legal Advisor)

2.2. Contact Details:
Postal Address: P.O. Box 596, Johannesburg, 2000
Street Address: 4 Hyperion Road, Barbeque Downs, Midrand
Telephone Number: 011 799 1000
Email: ceo@aasa.co.za

3. DESCRIPTION OF GUIDE REFERRED TO IN SECTION 10

The Regulator has, in terms of section 10(1) of PAIA, 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 Protection Of Personal Information Act No 4 of 2013 (“POPIA”).

3.1. The Guide is available in each of the official languages.

3.2. The aforesaid Guide contains the description of-

3.2.1. the objects of PAIA and POPIA;

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

3.2.2.1. the Information Officer of every public body, and

3.2.2.2. every Deputy Information Officer of every public and private body designated in terms of section 17(1) of PAIA and section 56 of POPIA;

3.2.3. the manner and form of a request for-

3.2.3.1. access to a record of a public body contemplated in section 11; and

3.2.3.2. access to a record of a private body contemplated in section 50;

3.2.4. the assistance available from the Information Officer of a public body in terms of PAIA and POPIA;

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

3.2.6. 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-

3.2.6.1. an internal appeal;

3.2.6.2 a complaint to the Regulator; and

3.2.6.3. 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;

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

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

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

3.2.10. the regulations made in terms of section 92.

3.3. Members of the public can inspect or make copies of the Guide from the offices of the public or private bodies, including the office of the Regulator, during normal working hours. The Guide can also be obtained-

3.3.1 upon request to the Information Officer;

3.3.2. from the website of the Regulator Home – Information Regulator (inforegulator.org.za).

The Information Regulator has compiled a guide, as required by Section 10 of the Act, containing such information as may reasonably be required by a person who wishes to exercise any right contemplated in this Act. It is available in all of the official languages.

The Guide is available for inspection, inter alia, at the office of the offices of the Information Regulator at JD House, 27 Stiemens St, Braamfontein, Johannesburg, 0001, Gauteng and at https://inforegulator.org.za/information-regulator-paia-manuals/.
For further information please contact the Information Regulator:
E-mail: enquiries@inforegulator.org.za
Postal address: P.O Box 31533, Braamfontein, Johannesburg, 2017
Telephone: 010 023 5200

Click here to view or download the guide.

4. THE ACT

4.1. The PAIA statute grants a requester access to records of a private body, if the record is required for the exercise or protection of appropriate legal rights. If a public body lodges a request, the public body must be acting in the public interest.

4.2. Requests in terms hereof shall be made in accordance with the prescribed procedures, and where applicable at the rates provided. The forms and tariffs are dealt with in paragraphs 6 and 7 of the Act.

4.3. Requesters are referred to the Guide in terms of Section 10 which has been compiled by the Information Regulator. The Guide is available from the Information Regulator.

The contact details of the Information Regulator are:
Postal address: P.O Box 31533, Braamfontein, Johannesburg, 2017
Telephone: 010 023 5200
Website: Home – Information Regulator (inforegulator.org.za)

5. RECORDS AUTOMATICALLY AVAILABLE

The following Records are automatically available without a person having to request access in terms of the Act:

5.1. The Privacy centre/portal that provides guidelines to requesters and data subjects on the processes to be followed in addressing rights in respect of the protection of personal information as well as access to information held by the organisation.

5.1.1. The web page www.aa.co.za is accessible to anyone who has access to the Internet. The AA’s website hosts the following categories of information:

5.1.1.1. Products and Services
5.1.1.2 Membership (individual and corporate)
5.1.1.3. Calculator/s and Tools
5.1.1.4. Media reports and releases
5.1.1.5. Travel

5.1.2 Automatically Available Records:

5.1.3 Records Held Under Other Legislation:

5.1.3.1 Tax Records:

5.1.3.1.1 Income Tax Act: Records related to income, expenses, tax returns, and correspondence with tax authorities.

5.1.3.1.2 Value-Added Tax (VAT) Act: VAT returns, invoices, and other documents required for VAT reporting.

5.1.3.2 Labor and Employment Records:

5.1.3.2.1 Occupational Health and Safety Act: Safety reports, incident logs, and compliance certificates.

5.1.3.3 Environmental Records:

5.1.3.3.1 National Environmental Management Act: Environmental impact assessments, compliance reports, and waste management records.

5.1.4. Corporate communications

5.1.5. Other literature intended for public viewing.

6. REQUEST FOR ACCESS TO RECORDS

The Form 2 Request for Access to Records can be found at https://aa.co.za/documents/Form-2-Request for-Access-to-Records-(Information-Regulator-Regulation-7).pdf or downloaded from the Information Regulator’s website at PAIA Forms – Information Regulator (inforegulator.org.za)

7. APPLICABLE LEGISLATION

Companies Act No 71 of 2008

Value-Added Tax Act No 89 of 1991

Income Tax Act No 58 of 1962

King IV Code

Short-term Insurance Act 53 of 1998

Competition Act No 89 of 1998

IFRS and various other codes and legislation (auditing)

Regulations for the Retention and Preservation of Company Records, 1983

Promotion of Access to Information Act No 2 of 2000

Protection of Personal Information Act No 4 of 2013

Financial Sector Regulation Act 2017

National Credit Act 34 of 2005

Customs and Excise Act 91 of 1964

Trademarks Act No 194 of 1993

Electronic Communications & Transactions Act 25 of 2002

Electronic Communications Act 36 of 2002

National Road Traffic Act 1996

Financial Advisory and Intermediary Act 2002

Administration of Road Traffic Offences Act No 46 of 1998 (AARTO)

Prescribed Rate of Interest Act No 55 of 1975

Copyright Act 98 of 1978

Financial Intelligence Centre Act 38 of 2001

Public Holidays Act 36 of 1994

Land Survey Act 8 of 1997

Deeds Registries Act 47 of 1937

Copyright Act 98 of 1978

National Environmental Management Act 107 – 1998

Prescription Act 68 of 1969

S A National Roads Agency Act 7 of 1998

Arbitration Act, 1965 (Act 42 of 1965)

Broad Based Black Economic Empowerment Act 53 of 2003

Consumer Protection Act 68 of 2008

Employment Equity Act No 55 of 1998

Labour Relations Act No 66 of 1995

Constitution of South Africa Act No 108 of 1996

BBBEE Codes of Good Practice

Basic Conditions of Employment Act No 75 of 1997

Promotion of Equality and Prevention of Unfair Discriminations Act 4 of 2000

Human Rights Commission Act, 1994 (Act 54 of 1994)

South African Human Rights Commission Act, 2013 (Act 40 of 2013)

Skills Development Levy Act No 9 of 1999

Skills Development Act No 97 of 1998

Unemployment Insurance Act No 63 of 2001

Unemployment Insurance Contributions Act 4 of 2002

Occupational Health and Safety Act No 85 of 1993

Compensation for Occupational Injuries and Diseases Act 130 of 1993

Prevention and Combating of Corrupt Activities Act 12 of 2004

Regulation of Interception of Communications and Provision of Communication Related and Information Act 70 of 2002

Hazardous Substances Act 15 of 1973 (ERS)

Consumer Affairs (Unfair Business Practices) Amendment Act No 21 of 2001.

Protected Disclosures Act No 26 of 2000

National Environment Management Act 107 of 1998

National Environmental Management Waste Act 59 of 2008

8. SCHEDULE OF RECORDS

General information about The Automobile Association of South Africa NPC can be accessed via the internet on www.aasa.co.za which is available to all persons who have access to the internet.

The subjects on which the private body holds records and the categories on each subject in terms of Section 51(1)(e) are as listed below. Please note that a requester is not automatically allowed access to these records and that access to them may be refused in accordance with Sections 62 to 69 of the Act:

9. PURPOSE OF PROCESSING OF PERSONAL INFORMATION

The AA processes personal information:

• To support engagement with the media
• To support engagement with service providers
• To support engagement with members, customers and the general public
• To support engagement with industry bodies
• To support recruitment and management of staff
• To support relationships with statutory and other authorities
• To support sales and marketing activities

10. DATA SUBJECTS CATEGORIES AND THEIR PERSONAL INFORMATION

The following data subjects, and personal information processed, have been identified by the organisation:

• Employees: record of employee life cycle
• Funders and donors: records as maintained by Public Affairs
• Members
• Corporate Customers
• General public: tracking general enquiries and web site visits
• Industry bodies: membership records
• International Affiliates
• Media: records of media interactions
• Service providers: record of service provider life cycle
• Statutory and other authorities: contact details

11. PLANNED RECIPIENTS OF PERSONAL INFORMATION

• Employee Provident Fund
• Employee Benefits providers (Wellness, tax assist etc.)
• Trade union
• Medical Schemes
• Recruitment Agencies
• Telecommunication providers
• Financial institutions
• Funders and donors
• Industry bodies
• Operators (service providers)
• Statutory authorities
• Media

12. PLANNED TRANS-BORDER FLOWS OF PERSONAL INFORMATION

Please note in terms of section 51(1)(c )(iv), we do not intend or plan to share personal information outside the Republic of South Africa. Should the need arise, the affected data subjects will be notified. Furthermore, information will only be shared with countries who have protect of personal information laws in place.

13. SECURITY MEASURES TO PROTECT PERSONAL INFORMATION

• Physical security measures
• Access controls
• Home and mobile measures
• Internal security measures
• Cyber security measures
• Anti-spam measures
• Anti-virus measures
• Firewalls
• Password control
• Training in information security and other POPI requirements
• Selective training of key staff
• Policies for information security
• Comprehensive coverage of all IT-related issues
• Audits of information security
• Provisions around security in all provider contracts/agreements

14. FORM OF REQUEST

14.1. The requester must complete Form C and submit this form together with a request fee, to the person delegated to deal with requests (for “the Information Officer”).

14.2. The form must be submitted using any of the methods noted below: Postal Address of the AA PO Box 596, Johannesburg 2000, Physical Address: 4 Hyperion Road, Barbeque Downs, Midrand. Tel. No +27-011-799-1000. E-mail address of the delegated Information Officer: Melyssa.Ferreira@aasa.co.za.

14.3. The requester must provide sufficient detail on the request form to enable the designated head to identify the record and the requester:
• The requester should indicate which form of access is required.
• The requester should indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed.
• The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right.
• If a request is made on behalf of another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the designated head of the private body.
• A requester who seeks access to a record containing personal information about that requester is not required to pay the request fee.
• Every other requester, who is not a personal requester, must pay the required request fee.
• The Information Officer must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request.
• The fee that the requester must pay to a private body is currently R50,00. The requester may lodge an application to the court against the tender or payment of the request fees.
• After the Information Officer has made a decision on the request, the requester must be notified in the required form.
• If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure.

14.4. The AA has the right to reject any request for information submitted in terms of Sections 62 to 70 of Chapter 4 of the PAIA Act.

15. AVAILABILITY OF THE MANUAL

15.1. This manual is available for inspection at the Head Offices of the AA, free of charge or from the SAHRC.
Signature omitted for security reasons, signed copy available on request.
Information Officer of the AA: Melyssa Ferreira.
Signed copy available on request.
Date: 1 April 2023
Next revision date of this document: 1 April 2024

16. FEES IN RESPECT OF PRIVATE BODIES

The prescribed fee for the copies of records to be made available is as follows:

17. SECTION 52(1) NOTICE: AUTOMATICALLY AVAILABLE RECORDS

The Information Officer has prepared a section 52(1) Notice which can be found at https://aa.co.za/documents/Section-52(1)-Notice.pdf