ACCESS-TO-INFORMATION MANUAL AND PROTECTION OF PERSONAL INFORMATION DISCLOSURES

Compiled in terms of section 51 of the Promotion of Access to Information Act, 2 of 2000.

Protection of Personal Information Act, 4 of 2013 disclosures and forms

Nedgroup Investments is a business unit within the Nedbank Group. If you want object to Nedgroup Investments or the Nedbank Group or the Nedgroup Investments Retirement Funds (we, us, our) processing your personal information, or if you want us to delete or destroy your personal information or records of personal information in terms of the Protection of Personal Information Act,4 of 2013, you must complete the forms in this manual.


1 Nedgroup Investments, Nedgroup Investments Retirement Funds and the Nedbank Group

Nedgroup Investments is a business unit within the Nedbank Group and is incorporated in South Africa with registration number 1996/17075/07. Nedgroup Investments offer a range of investment products and services in South Africa and Internationally. 

Nedgroup Investments is also the sponsor of the Nedgroup Investments Retirement Annuity Fund, the Nedgroup Investments Pension Preservation Fund and the Nedgroup Investments Provident Preservation Fund (the Nedgroup Investments Retirement Funds). The Retirement Funds are separate legal entities that does not form part of the Nedbank Group of companies and are registered in terms of the Pension Funds Act 24 of 1956. The Nedgroup Investments Retirement Funds conform to this access to information manual and protection of personal information disclosures.

Nedbank Group is incorporated in South Africa with registration number 1966/010630/06. The Nedbank Group offer a range of wholesale and retail banking services through our frontline clusters, Nedbank Corporate and Investment Banking, Nedbank Retail and Business Banking, Nedbank Wealth and Nedbank Africa Regions. We also offer a range of insurance, asset management and wealth management services.

2 Nedgroup Investments, the Nedbank Group and the Nedgroup Investments Retirement Funds contact details

The contact details of the deputy information officer for Nedgroup Investments and the Nedbank Group are:

Neelesh Mooljee

Physical address:   135 Rivonia Road
    Sandown
    Sandton
    Johannesburg
Postal address:  PO Box 653640
    Benmore Gardens
    2196
Tel:    +27 (0)11 294 7130
Fax:    +27 (0)11 295 7130
Email:   privacy@nedbank.co.za or  paia@nedbank.co.za
Website:   www.nedbank.co.za


The contact details of the Nedgroup Investments Retirement Funds are:

Willem Labuschagne

Physical address:   Nedbank Clocktower
    Clocktower Precinct
    Victoria and Alfred Waterfront
    Cape Town
Postal address:  PO Box 1510
    Cape Town
    8000
Tel:    +27 (0)10 216 7757
Email:   willeml@nedgroupinvestments.co.za
Website:   www.nedgroupinvestments.co.za


3 The Promotion of Access to Information Act, 2 of 2000

The Promotion of Access to Information Act, 2 of 2000 (Act) gives a requester access to records of a private body, if the records are needed to exercise or protect any rights. If a public body submits a request, the public body must be acting in the public interest.

Requests in terms of the Act must be made in accordance with the prescribed procedures and rates. The forms and tariffs are dealt with in sections 18 and 53, and sections 22 and 58 of the Act. See enclosed a schedule of fees for requests.

4 The Protection of Personal Information Act, 4 of 2013

The Protection of Personal Information Act (Popia) gives effect to the constitutional right to privacy by safeguarding personal information when a responsible party processes the information, subject to justifiable limitations that are aimed at:
• balancing the right to privacy against other rights, particularly the right of access to information; and
• protecting important interests, including the free flow of information within South Africa and across international borders.

Popia regulates the way personal information may be processed, and its conditions are consistent with international standards and prescribe the minimum threshold requirements for the lawful processing of personal information. Popia also gives people rights and remedies to protect their personal information from processing that is not in line with Popia; and it establishes voluntary and compulsory measures, including the establishment of an information regulator, to ensure respect for and to promote, enforce and fulfil the rights that Popia protects.

If you can give adequate proof of identity, Popa give you the right to:
• ask a responsible party to confirm (free of charge) whether they have personal information about you; and
• ask a responsible party for a record or a description of the personal information that they have about you, including information about the identity of all third parties or categories of third parties who have or have had access to your information.


A responsible party may or must refuse to disclose any information requested in terms of the subsections of the Act to which the grounds for refusal apply (Chapter 4 of Part 3 of Act).

For more information on how we deal with personal information, please refer to our privacy notice on.   

5 Applicable legislation

No

Reference

Act

1

66 of 1965

Administration of Estates Act

2

68 of 1981

Alienation of Land Act

3

94 of 1990

Banks Act

4

75 of 1997

Basic Conditions of Employment Act

5

34 of 1964

Bills of Exchange Act

6

45 of 2002

Collective Investment Schemes Control Act

7

71 of 2008

Companies Act

8

130 of 1993

Compensation for Occupational Injuries and Diseases Act

9

89 of 1998

Competition Act

10

108 of 1996

Constitution of the Republic of South Africa

11

68 of 2008

Consumer Protection Act

12

114 of 1998

Debt Collectors Act

13

47 of 1937

Deeds Registries Act

14

36 of 2005

Electronic Communications Act

15

25 of 2002

Electronic Communications and Transactions Act

16

55 of 1998

Employment Equity Act

17

62 of 1997

Extension of Security of Tenure Act

18

37 of 2002

Financial Advisory and Intermediary Services Act

19

28 of 2001

Financial Institutions (Protection of Funds) Act

20

38 of 2001

Financial Intelligence Centre Act

21

19 of 2012

Financial Markets Act

22

60 of 2000

Firearms Control Act

23

107 of 1978

Fund-raising Act

24

63 of 2000

Home Loan and Mortgage Disclosure Act

25

68 of 1997

Identification Act

26

24 of 1936

Insolvency Act

27

80 of 1998

Inspection of Financial Institutions Act

28

66 of 1995

Labour Relations Act

29

28 of 2014

Legal Practice Act

30

52 of 1998

Long-term Insurance Act

31

34 of 2005

National Credit Act

32

107 of 1998

National Environmental Management Act

33

59 of 2008

National Environmental Management Waste Act

34

78 of 1998

National Payment System Act

35

25 of 1999

National Heritage Resources Act

36

85 of 1993

Occupational Health and Safety Act

37

57 of 1978

Patents Act

38

24 of 1956

Pension Fund Act

39

12 of 2004

Prevention and Combating of Corrupt Activities Act

40

2 of 2000

Promotion of Access to Information Act

41

26 of 2000

Protected Disclosures Act

42

33 of 2004

Protection of Constitutional Democracy against Terrorist and Related Activities Act

43

4 of 2013

Protection of Personal Information Act

44

70 of 2002

Regulation of Interception of Communications and Provision of Communication-related Information Act

45

53 of 1998

Short-term Insurance Act

46

90 of 1989

South African Reserve Bank Act

47

28 of 2011

Tax Administration Act

48

194 of 1993

Trade Marks Act

49

40 of 1949

Transfer Duty Act

50

63 of 2001

Unemployment Insurance Act

51

89 of 1991

Value-added Tax Act

6 Categories of records

6.1 Information available on request

At Nedgroup Investments, the Nedgroup Investments Retirement Funds and the Nedbank Group, we are in control of or have in our possession the following categories of records under the subjects described below. These categories of records are not exhaustive and are subject to change. If you ask for access to these records, we not automatically grant your request, but we will evaluate it in accordance with the provisions of the Act, any other legal requirements and our policies.

Record category

Description

Accounting

Formal books of account and financial statements

Source documents

Customs, excise and transport

Company records

Banking

Credit provision

General (all statutory documents required by the Companies Act, 71 of 2008)

Customer records

Holding and nominee companies

Internal audit

JSE Listing requirements

Medical schemes

Money broking

Operational records

Policies and procedures

Products and services

Property

Risk

Auctions

Banking and depositFICA)

Bearer warrants

Bond Exchange of South Africa

Collective investment schemes

Credit provision

Deceased clients

Financial advisory and intermediary services

Insolvent clients

JSE equities

Long-term insurance

Money broking

Promotional competitions

Equities Derivatives Market (formerly Safex)

Securities services (general)

Short-term insurance

Trust services

Human resources

Pension funds

Statutory employee records

Other employee records

Physical security

Internal security services and firearms

Health and safety

Construction administration and safety

Elevators, escalators and passenger conveyors, lifting machinery, tools and tackle

Electrical installations

Fire equipment

Noise

Hazardous chemical substances

6.2 Records that are available automatically

The following categories of records are automatically available for inspection. You can buy a copy of the record at the costs indicated in Annexure 2. You do not need to request this information in terms of the Act.

These categories are the following:
• Any promotional material for public viewing
• Posters
• Campaigns
• Information about products that we offer

You can ask for this information through the Nedgroup Investments or Nedbank website.

7 Request procedure

For Nedgroup Investments and the Nedgroup Investments Retirement Funds to get access to a record referred to in section 6.1 of the Act, you must complete the required form and email it to clientservices@nedgroupinvestments.co.za

For the Nedbank Group to get access to a record referred to in section 6.1 of the Act, you must complete the required form and email it to paia@nedbank.co.za.

Once we receive your request, our information officer will give you the details of the fees payable and how you must pay it.
Please complete all the fields in the request form, and make sure that you give us the following information:
• Details of the record that you want.
• A copy of your valid South African identity document or card.
• A copy of the power of attorney (if applicable).
• A description of the right you want to exercise or protect.
• Details of how we must give you the information (if your request is granted).
• Your contact details.

8 Timelines

We will process your request within 30 days, unless your request involves considerations that will require more time.

If an extension is necessary, we will notify you and tell you why we need an extension.

If our information officer does not communicate to you about a decision on your request, your request will be deemed refused.

9 Grounds for refusal of access to records

The main grounds on which we may refuse access to records relate to:
• the privacy of a third party who is a natural person;
• the commercial information of a third party;
• confidential information of a third party;
• the safety of individuals and property;
• legally privileged records; and
• our commercial information, including:
 trade secrets;
 financial, commercial, scientific or technical information, if disclosure would likely harm our financial or commercial interests;
 information that, if disclosed, could put us at a disadvantage in negotiations or commercial competition;
 computer programs and related information technology software that we own and are protected by copyright; and
 research information that we or a third party has compiled, if disclosure would expose the third party, researcher or subject matter of the research and therefore disadvantage us.

Requests submitted in terms of the Protection of Personal Information Act, 4 of 2013, may be refused on the same grounds set out above.

10 Remedies for refusal

If your request to access to information was refused, we do not have an internal appeal procedure to follow. The decision of our information officer or deputy information officer is final. But if you are not satisfied with the outcome of your request, you can apply to a court of competent jurisdiction to take the matter further.


 
Request form

FORM C: REQUEST FOR ACCESS TO RECORD OF PRIVATE BODY
[Section 53(1) of the Promotion of Access to Information Act, 2 of 2000 (Regulation 10)]

A Particulars of a private body

The head: Personal information officer

B Particulars of the person requesting access to the record

The particulars of the person who requests access to the record must be given below, as well as the South African address, email or fax number to which the information must be sent. You must also attach proof of the capacity in which the request is made (if applicable).

Full name and surname: 
Identity number: 
Postal address 
Tel: 
Fax:  
Email: 

The capacity in which the request is made if on behalf of another person: 

C Particulars of person on whose behalf the request is made

This section must be completed only if a request for information is made on behalf of another person.

Full name and surname: 
Identity number: 

D Particulars of record

• Give the full particulars of the record to which access is requested, including the reference number (if you know it) so that the record can be located.
• If the space below is not enough, please continue on a separate page and attach it to this form.

You must sign all the additional pages.

1 Description of record or relevant part of the record:

2 Reference number (if available): 

3 Any other particulars of the record:


E Fees

• A request for access to a record other than a record with your personal information will be processed only after you have paid the relevant fee. (We will let you know how much it is).
• The fee payable for access to a record depends on the form in which access is required and the reasonable time needed to search for and prepare the record.
• If you qualify for exemption of any fee, please tell us why.

F Form of access to record

If, due to disability, you cannot read, view or listen to the record in the form provided for in 1 to 4, state your disability and indicate in which form you need it.

Description of disability

 

Form in which record is required

 

Mark the appropriate box with an X.

 

Notes

 

·      Compliance with your request in the specified form may depend on the form in which the record is available.

·      Access in the form requested may be refused in certain circumstances. If this happens, we will let you know if access will be granted in another form.

·      The fees payable for access to the record (if any) will be determined partly by the form in which access is requested.

1           If the record is in written or printed form:

 

 

Copy of record*

 

 

Inspection of record

2           If the record has visual images (including photographs, slides, video recordings, computer-generated images, sketches, etc):

 

 

View the images

 

 

Copy of images*

 

 

Transcription of the images*

3           If the record has recorded words or information that can be reproduced in sound:

 

 

Listen to the soundtrack (audio cassette)

 

Transcription of the soundtrack* (written or printed document)

4           If the record is on computer or in an electronic or machine-readable form:

 

Printed copy of record*

 

Printed copy of information derived from the record*

 

Copy in computer-readable form* (compact disc)

* If you ask for a copy or transcription of a record (above), do you want the copy or transcription to be posted to you?

(Postage is payable.)

 

YES

 

NO


G Particulars of the right to be exercised or protected

If the provided space is not enough, please continue on a separate page and attach it to this form. You must sign all the additional pages.

1 What right to you want to exercise or protect?

2 Explain why you need the record to exercise or protect this right.

H Notice of decision about your request for access

We will let you know in writing if your request has been approved or denied. If you want us to let you know in another way, please tell us and give us the necessary contact details.

How should we inform you about the decisions regarding your request?


Signed at                                                                                     on                                                            

                                          Place                                                                            Date


Signature of requester or person on whose behalf the request is made
 
 
Form 1

OBJECTION TO THE PROCESSING OF PERSONAL INFORMATION IN TERMS OF SECTION 11(3) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (4 OF 2013)

REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018
[Regulation 2]


Note:
1 You can attach affidavits or other documentary evidence to support the objection.
2 If the space on this form is not enough, submit your information as an annexure to this form and sign each page.
3 Complete the information that is applicable.

A

Details of data subject

Name(s) and surname or

registered name of the data subject

 

Unique identifier or

identity number

 

Residential, postal or

business address

 

Contact number(s)

 

Fax number or email

address

 

B

Details of responsible party

Name(s) and surname or

registered name of the responsible party

 

Residential, postal or

business address

 

Contact number(s)

 

Fax number or email

address

 

C

REASONS FOR OBJECTION IN TERMS OF SECTION 11(1)(d) to (f) (Please give detailed reasons for your objection.)

 


Signed at                                                                                     on 
                                                      Place                                                                                 Date



---------------------------------------------
Signature of data subject or designated person



Form 2

REQUEST FOR CORRECTION OR DELETION OF PERSONAL INFORMATION OR
DESTROYING OR DELETION OF RECORD OF PERSONAL INFORMATION IN TERMS OF
SECTION 24(1) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (4 OF 2013)

REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2018
[Regulation 3]


Note:
1 You can add affidavits or other documentary evidence to support your request.
2 If the space on this form is not enough, submit your information as an annexure to this form and sign each page.
3 Complete the information that is applicable.


Mark the appropriate box with an ‘x’.

Request for:

Correction or deletion of the personal information about the data subject that is in possession or under the control of the responsible party.


Destruction or deletion of a record of personal information about the data subject that is in possession or under the control of the responsible party who is no longer authorised to have the record of information.

A

Details of data subject

Name(s) and surname or

registered name of data

subject

 

Unique identifier or

identity number

 

Residential, postal or

business address

 

Contact number(s)

 

Fax number or email

address