PAIA Manual | Sandton Chiropractor

1. Introduction

This manual has been prepared in accordance with section 51 of the Promotion of Access to Information Act, 2000 (Act 2 of 2000) ("PAIA") and further addresses the requirements of the Protection of Personal Information Act, 2013 (Act 4 of 2013) ("POPIA").

The purpose of this manual is to inform the public of the records held by Sandton Sport & Family Chiropractic and to explain how to submit a request for access to those records.

Sandton Sport & Family Chiropractic is the shared practice of Dr Matthew Proctor and Dr Kirsty Anley. Each practises as a separate sole proprietor from the same premises and is a separate private body under PAIA and a separate responsible party under POPIA for their own patients' records. The practice website, online booking system (Cliniko) and other shared practice systems are operated jointly by both. This manual is the PAIA manual of each of them.

2. Business activity

Sandton Sport & Family Chiropractic is a chiropractic practice providing musculoskeletal healthcare services, run by two chiropractors who each practise as a sole proprietor. The practice is located in Morningside, Sandton, Gauteng.

3. Contact details of the Information Officers

As the head of their own private body, each chiropractor is the Information Officer for their own practice and their own patients' records. Address your request to the chiropractor whose records you are asking about, or to either of them for records of the shared website and booking system.

Information Officers: Dr Matthew Proctor (for his practice) and Dr Kirsty Anley (for her practice)
Address: 3rd Floor, North Block, MediMix at 200 Rivonia, Morningside, Sandton
Telephone: 011 656 1444
Email: admin@sandtonchiropractor.co.za

4. Purpose of PAIA

PAIA gives effect to the constitutional right of access to information held by public and private bodies. It sets out the procedures to be followed when requesting access to records and establishes grounds on which access may be refused.

PAIA acknowledges that the right to access information is subject to justifiable limitations, including the protection of privacy, commercial confidentiality and the effective functioning of government and private bodies.

5. Guide on how to use PAIA and POPIA

The Information Regulator has published a guide in terms of section 10 of PAIA on how to use PAIA and POPIA. It is available on the Information Regulator's website at inforegulator.org.za, from the Regulator on request and for inspection at our practice during office hours.

Address: Woodmead North Office Park, 54 Maxwell Drive, Woodmead, Johannesburg, 2191
Telephone: 010 023 5200
Email: enquiries@inforegulator.org.za

6. Records available without a request

The following information is publicly available on our website at sandtonchiropractor.co.za and does not require a formal PAIA request:

Practice contact details and location
Information about our services and practitioners
General health and chiropractic information
Privacy policy

7. Categories of records held

The following categories of records are held by the practice. Note that the inclusion of a category does not mean that access will automatically be granted. Each request will be assessed on its merits in terms of PAIA.

7.1 Patient records

Patient registration and contact details
Case histories and clinical notes
Examination findings and diagnoses
Treatment records and progress notes
Correspondence with patients and referring practitioners
Consent forms

7.2 Financial records

Invoices and billing records
Medical aid claims and related correspondence
Banking and accounting records
Tax records

7.3 Employment records

Employment contracts and agreements
Payroll records
Leave records
Disciplinary records

7.4 Practice management records

Professional registrations and licences
Insurance records
Lease and supplier agreements
Practice policies and procedures

7.5 Processing of personal information (POPIA)

Purpose: providing chiropractic assessment and treatment, managing appointments, billing, communicating with patients and meeting legal and professional obligations
Data subjects and categories: patients (identity, contact, booking, health and billing information); parents or guardians of minor patients (identity and contact details); employees (employment and payroll records); suppliers (contact and banking details); website visitors (anonymous usage data and form messages)
Recipients: medical aid schemes on the patient's request, referring or treating practitioners with consent, and our operators: Cliniko (practice management), Vercel (website hosting and analytics), Cloudflare (form security), Web3Forms (contact form delivery), Google (practice email) and WhatsApp (messaging)
Cross-border transfers: patient records are stored by Cliniko in Australia, and some website, email and messaging data is processed in the United States, under the safeguards required by section 72 of POPIA
Security measures: access-controlled practice management software, encrypted connections, restricted physical access to paper records and staff confidentiality obligations

8. Applicable legislation

The following legislation (among others) may apply to the records held by the practice:

Protection of Personal Information Act, 2013 (Act 4 of 2013)
Promotion of Access to Information Act, 2000 (Act 2 of 2000)
Allied Health Professions Act, 1982 (Act 63 of 1982)
National Health Act, 2003 (Act 61 of 2003)
Income Tax Act, 1962 (Act 58 of 1962)
Value-Added Tax Act, 1991 (Act 89 of 1991)
Basic Conditions of Employment Act, 1997 (Act 75 of 1997)
Compensation for Occupational Injuries and Diseases Act, 1993 (Act 130 of 1993)
Occupational Health and Safety Act, 1993 (Act 85 of 1993)
Electronic Communications and Transactions Act, 2002 (Act 25 of 2002)

9. How to request access to records

To request access to a record held by the practice, you must complete the prescribed Form C (for private bodies) and submit it to the relevant Information Officer at the contact details provided above.

A copy of the prescribed Form C is available for download here: Download Form C (PDF)

Your request should include:

Sufficient detail to identify the record(s) you are requesting
Your identity and, if applicable, the capacity in which you are making the request
The form of access you prefer (for example, a copy or inspection)
Your postal or email address for correspondence

Processing period

We will process your request within 30 days of receiving a properly completed Form C and the applicable fee. We may extend this period by a further 30 days if your request requires a search through a large number of records or consultation with another party.

10. Grounds for refusal

Access to a record may be refused on the grounds set out in PAIA. These include, but are not limited to:

Protection of the privacy of a third party who is a natural person
Protection of commercial or confidential information of a third party
Protection of confidential information provided to the practice in confidence
Records that are privileged from production in legal proceedings
Protection of research information of a third party
Requests that are clearly frivolous or vexatious

11. Prescribed fees

The following fees may apply to a request for access:

Request fee: a non-refundable fee of R140 is payable by requesters seeking access to records other than their own personal information
Access fee: if your request is granted, a further fee may be payable for the reproduction of the record and related costs, as prescribed in Annexure B to the PAIA Regulations, 2021

No request fee is payable if you are requesting access to your own personal information.

12. Remedies if access is refused

If your request for access is refused, you may apply to a court of competent jurisdiction for appropriate relief. You may also lodge a complaint with the Information Regulator:

Email: PAIAComplaints@inforegulator.org.za
Telephone: 010 023 5200 or 0800 017 160 (toll free)

Please note: This manual is provided for informative purposes in compliance with PAIA and POPIA. It is governed by the laws of the Republic of South Africa. Nothing in this manual is intended to create, nor does it constitute, an attorney-client relationship between Sandton Sport & Family Chiropractic and any person.