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PAIA & POPIA

Protection of Personal Information Act (POPI Act 4 of 2013)

In terms of the provisions of Chapter 2 (Bill of Rights) of the Constitution of South Africa, specifically section 14 (d), which states that everyone has the rights to privacy, which includes the right not to have their communications infringed, the rights to privacy from unlawful collection, retention, dissemination and use of personal information, and that the state must respect, protect, promote and fulfil the rights in the bill of rights. The POPIA was enacted in 2013 to give effect to the Constitutional rights to privacy by:

  1. Safeguarding personal information when processed by a responsible party subject to justifiable limitations that included:
  • Balancing the rights to privacy against the right of access to information.
  • Protecting important interests, including the free flow of information within the Republic and across international boarders
  1. Regulating the manner in which personal information may be processed, by establishing conditions that prescribe minimum threshold.
  2. By providing persons or a “Data subject” with rights and remedies to protect their personal information that is not in accordance with the act. section 18 of POPIA require that the responsibly party collecting personal information must take reasonably practicable steps to ensure that data subject is always aware of the purpose for which their personal information is collected.
  3. And to establish voluntary and compulsory measures, including the establishment of Information Regulator, an institution that derives its constitutional mandate from both section 14(right to Privacy) and 32(right of access to Information) of the Constitution.

Click here to access the POPIA Request Form

Promotion of Access to Information Act 2 of 2000 (PAIA)

The Promotion of Access to Information Act 2 of 2000 (PAIA) is legislation in the Republic of South Africa allowing access to any information held by the State, and any information held by private bodies that is required for the exercise and protection of any rights.

Section 32(1)(a) of the Constitution of the Republic of South Africa, 1996, determines that everyone has a right of access to any information held by the State.

Section 32(2) of the Constitution provides for the enactment of national legislation to give effect to this fundamental right.  PAIA is the national legislation contemplated in section 32(2) of the Constitution.

Procedure for making a PAIA request for access to records held by the CMS

The requester must complete the request form (Form-A) which may be faxed; emailed, sent by post or hand delivered to:
a)  s.thosago@medicalschemes.co.za
b) Private bag X34, Hatfield, 0028
c) Physical Address: Block A, Eco Glades 2, Office Park, 420 witch-Hazel Avenue, Eco Park Centurion, 0157

The payment of the above mentioned PAIA request fee will have to be made to the following bank account:

Account Name: Council for Medical schemes
Bank Name: ABSA
Account Number: 405 116 3394

You are requested to forward the proof of payment of the PAIA request fee to CMS as soon as  possible in order to process your request.

You will thereafter be informed in writing of the decision that has been taken by CMS in relation to your PAIA request. Should your request for access to the information be granted, you will be informed of the access fee that you will be required to pay, as prescribed in section 22(6) of PAIA.

Once we have received the proof of payment of the access fee, you may collect same or your documents may be sent to you as stipulated in Form A of your request.
Any enquiries in relation to request for records in terms of PAIA may be made with Mr. Samson Thosago by email to s.thosago@medicalschemes.co.za

Download PAIA documents

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