PAIA Manual

RSA Property’s manual for access to records under the Promotion of Access to Information Act.

1. Introduction

This manual is prepared for RSA Property in terms of section 51 of the Promotion of Access to Information Act 2 of 2000 (PAIA), read with the Protection of Personal Information Act 4 of 2013 (POPIA). PAIA gives a requester a right of access to a record of a private body where the record is required for the exercise or protection of rights, the procedural requirements are met and no lawful ground for refusal applies.

2. Contact details

A request intended for the Information Officer should clearly state that it is a PAIA or POPIA-related request so it can be routed correctly.

3. Guide on how to use PAIA

The Information Regulator of South Africa publishes a guide explaining how to exercise rights under PAIA. Requesters may consult the current guide and forms made available by the Information Regulator.

4. Records that may be available without a PAIA request

Subject to availability, confidentiality and applicable law, certain information is ordinarily available through RSA Property’s website or normal business processes without a formal PAIA application. Examples may include published property listings, public agency and professional profiles, published legal policies, general marketing material and information supplied directly to an account holder about their own service or account.

5. Subjects and categories of records held

Corporate and governance records

• Business administration and governance records.
• Policies, contracts, supplier and professional-service records.
• Internal procedures and compliance documentation.

Customer, user and account records

• Registration, account, verification and support records.
• Agency, agent, developer and professional profile records.
• Property enquiries, viewing requests and communications.

Property and platform records

• Property listing data, images, documents and attributes.
• Feed, syndication and listing-management records.
• Platform logs, security, technical, analytics and operational records.

Commercial and financial records

• Service packages, subscriptions, invoices, transaction references and billing records.
• Advertising, promotional and commercial-partner records.

Human resources and contractor records

Where applicable, RSA Property may hold employment, contractor, payroll, recruitment, training and related administrative records.

6. Records held in accordance with other legislation

RSA Property may hold records required by legislation applicable to its activities. Depending on the nature of the record and business activity, this may include records relevant to POPIA, the Companies Act, tax legislation, employment legislation, consumer-protection law, electronic communications and transactions law, and other laws applicable to a South African online property platform. This list is descriptive and not exhaustive.

7. How to request access

A requester should use the prescribed PAIA process and provide enough information to identify the requested record, the requester and the right the record is required to exercise or protect. The request should also indicate the preferred form of access and provide contact details for correspondence.

Requests can be submitted to info@rsaproperty.co.za. RSA Property may request proof of identity or authority where a request is made on behalf of another person.

8. Grounds on which access may be refused

Access may be refused where PAIA permits or requires refusal, including where disclosure would unlawfully infringe another person’s privacy, reveal confidential commercial information, breach a duty of confidence, compromise safety or security, prejudice legal proceedings or privileged material, or otherwise fall within a statutory ground of refusal.

9. Fees

Fees, if applicable, are determined by PAIA and the regulations made under it. RSA Property will advise a requester where a prescribed request, access, reproduction, search or preparation fee is payable before access is provided.

10. Processing of personal information under POPIA

Purposes of processing

RSA Property processes personal information to operate user and business accounts, publish and manage listings and profiles, route enquiries, provide paid services, administer support, communicate with users, secure and improve the platform, maintain records, prevent abuse and comply with law.

Categories of data subjects

These may include website visitors, registered users, buyers, sellers, landlords, tenants, agencies, agents, developers, professionals, advertisers, suppliers, service-provider personnel, staff, contractors and other persons who interact with RSA Property.

Categories of personal information

Depending on the relationship, information may include names, contact details, account details, professional and business information, property and enquiry information, transaction references, communications, verification information and technical or usage data.

Recipients

Information may be supplied where appropriate to the agency, agent, developer or professional selected by a user, to platform vendors and service providers, payment or communications providers, professional advisers, and public authorities where required by law.

Transborder flows

Some technology providers may process information outside South Africa. RSA Property will take reasonable steps required by POPIA when personal information is transferred to another country.

11. General description of information-security measures

RSA Property uses reasonable technical and organisational measures intended to protect the confidentiality, integrity and availability of personal information. Measures may include access controls, authentication, secure hosting, backups, software maintenance, monitoring, logging, anti-abuse controls, restricted administrative access and appropriate contractual controls with service providers.

12. Availability and updates

This manual is made available on RSA Property’s website and will be reviewed and updated when reasonably necessary to reflect material changes in records, processing activities, contact details or applicable law.