This manual is published pursuant to section 51 of the Promotion of Access to Information Act 2 of 2000 ("PAIA") which was promulgated in order to nurture an ethos which promotes transparency, accountability and effective governance of all private and public bodies. PAIA gives effect to section 32 of the Constitution of the Republic of South Africa, 1996, which provides for the right of access to information in a manner that affords persons a means to obtain the records of private and public bodies as promptly and as efficiently as reasonably possible to endorse, including but not limited to, mechanisms and procedures that empower and educate all persons.

PAIA requires organisations to compile a manual as a guide to requesters of information. The manual also serves to indicate the types of records held by FaceCamAlert (Pty) Ltd ("FaceCamAlert"/"we"/"us"/"our") and the availability of such records from FaceCamAlert.

In addition, the manual explains how to access, object to, request correction or deletion of, personal information held by FaceCamAlert, in terms of sections 23, 24 and 25 of the Protection of Personal Information Act 4 of 2013 (“POPIA”), and the Regulations Relating to the Protection of Personal Information, 2017 (“POPIA Regulations”).

This manual is not exhaustive of, nor does it comprehensively deal with, every procedure provided for in PAIA. Requestors are advised to familiarise themselves with the provisions of PAIA and POPIA before making any requests to FaceCamAlert in terms of these Acts. However, in terms of section 19 of PAIA, and Regulations 2 and 3 of the POPIA Regulations, FaceCamAlert will provide such assistance as is required in completing the necessary forms, by parties applying for access to information or personal information.

FaceCamAlert makes no representation and gives no undertaking or warranty that the information in this manual or any information provided by it to a requestor is complete or accurate, or that such information is fit for any purpose. All users of any such information use such information entirely at their own risk, and FaceCamAlert will not be liable for any loss, expense, liability or claims, howsoever arising, resulting from the use of this manual or of any information provided by FaceCamAlert or from any error therein.

FaceCamAlert is a national, centralised facial recognition subscription service providing facial recognition matching and alert services for private properties and businesses. FaceCamAlert achieves this by using the infrastructure such as CCTV cameras, access control and reception management devices of its subscribers to receive images and match it against watchlists of banned individuals or individuals on the SAPS wanted list.

The Information Officer of FaceCamAlert is Tiaan Janse van Rensburg whose contact details are as follows –

As of 1 July 2021, the Information Regulator has assumed the functions of the South African Human Rights Commission (“SAHRC”) and is responsible for PAIA and POPIA queries.

As part of its functions, the Information Regulator has published a guide on how to use PAIA and POPIA in the new dispensation.

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.

The Guide contains a description of the following:

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.

Any information or queries related to the guide, or to PAIA or POPIA should be directed to – Information Regulator JD House 27 Stiemens Street Braamfontein Johannesburg 2001 Website: https://inforegulator.org.za/training/wp/ E-mail: enquiries@inforegulator.org.za

The records that are located on the FaceCamAlert website are automatically available to any person requesting this information and it is therefore not necessary to apply for access thereto in terms of PAIA. Our website address where said information or records can be obtained is https://www.myincidentdesk.com/facecamalert.

Records are kept in accordance with legislation as is applicable to FaceCamAlert, which include (but may not be limited to) the following legislation –

Basic Conditions of Employment Act 75 of 1997;

Broad-Based Black Economic Empowerment Act 53 of 2003;

Companies Act 71 of 2008;

Compensation for Occupational Injuries and Diseases Act 130 of 1993;

Employment Equity Act 55 of 1998;

Income Tax Act 58 of 1962;

Labour Relations Act 66 of 1995;

Occupational Health and Safety Act 85 of 1993;

Skills Development Act 9 of 1999;

Unemployment Insurance Act 63 of 2001; and

Value Added Tax Act 89 of 1991.

The following table contains a description of the types of records which FaceCamAlert holds and the categories of records held on each subject –

POPIA

Purpose of processing personal information by FaceCamAlert As stated in our Privacy Notice, FaceCamAlert processes personal information for a number of reasons including –

Categories of data subjects and their personal information

Disclosure of your personal information We may share information about you with –

Transborder/Cross-border flows of personal information Section 72 of POPIA provides that personal information may only be transferred out of the Republic of South Africa if certain conditions are satisfied. FaceCamAlert currently has no planned transborder flows of personal information. Insofar as the transborder flow of personal information may become applicable in future, FaceCamAlert will comply with the conditions set out in section 72 of POPIA.

General description of information security measures

To request a record in terms of PAIA, the requestor must complete the prescribed form attached to this manual as Annexure A. This request must be sent to the Information Officer at the addresses provided at paragraph 3.1.

For POPIA-related requests to object to the processing of personal information, correct or delete personal information, the request must be made in writing on the applicable prescribed Form 1 (objection) or Form 2 (correction or deletion), which are attached to this Manual as Annexure B.

The requestor must provide sufficient detail to enable the Information Officer to identify the record(s) requested and the requestor. The requestor must indicate which form of access is required, identify the right that he/she is seeking to exercise or protect and provide an explanation of why the requested record is required for the exercise or protection of that right.

If the request is made on behalf of another person, the requestor must submit proof of the capacity in which the requestor is making the request, to the reasonable satisfaction of the Information Officer.

PAIA makes provision for certain grounds upon which a request for access to information must be refused. On this basis, the Information Officer will decide whether or not to grant a request for access to information.

PAIA provides for two types of fees, namely –

Subsequent to a request being made, the Information Officer, shall by notice require the requester, excluding personal requester, to pay the prescribed request fee (if any) before further processing of the request.

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

FaceCamAlert may withhold a record until the requester has paid the fees as indicated.

Annexure C.

A requester whose request has been granted must pay the applicable access fee for reproduction, search, 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 request form.

In terms of POPIA, a data subject has the right to request FaceCamAlert to confirm, free of charge, whether or not it holds personal information about the data subject and request from FaceCamAlert the record or a description of the personal information held, including information about the identity of all third parties, or categories of third parties, who have, or have had, access to the information.

POPIA further provides that where the data subject is required to pay a fee for services provided to them, FaceCamAlert must provide the data subject with a written estimate of the payable amount before providing the service and may require that the requestor pay a deposit for all or part of the fee.

FaceCamAlert will inform the requester within 30 days after receipt of the request of its decision whether or not to grant the request.

The 30-day period may be extended by a further period of not more than 30 days if the request is for a large number of records or requires a search through a large number of records and compliance with the original period would unreasonably interfere with the activities of FaceCamAlert or the records are not located at FaceCamAlert.

Should the request be refused, the notice will state adequate reasons for the refusal, including the provisions of the PAIA relied upon; and that the requester may lodge an application with a court against the refusal of the request.

In terms of sections 62 to 69 of PAIA access granted to a record may be refused on one or more of the following grounds –

Despite any provisions of PAIA, a request must be granted if the disclosure of the record would reveal evidence of substantial contravention of, or failure to comply with, the law or imminent and serious public safety or environment risk, and the public interest in the disclosure of the record clearly outweighs the harm contemplated (section 70 of PAIA).

Should the requester be dissatisfied with the Information Officer’s decision to refuse access, that person may within 30 days after notification of the refusal apply to a court for the appropriate relief.

This manual is available in electronic format in English. The electronic version of this manual is available on the website of FaceCamAlert accessible at https://www.myincidentdesk.com/facecamalert.

This manual will be reviewed and updated, if necessary, on a periodic basis.