1. OVERVIEW

Dr P Roux Oogheelkunde praktyk, is an incorporate practice specialising in the field of Ophthalmology. Our services include cataract, retina, glaucoma, oncology, oculopathies, refractive surgery and pterygiums as well as general eye diseases.

We work in the health sector and are healthcare professionals registered under the Health Professions Act of 1974, and are subject to the rules and regulations of the Health Professions Council of SA (HPCSA).

This manual serves to inform members of the public of the categories of information we hold, and which may, subject to the grounds of refusal listed in the Act, be disclosed after evaluation of an access application being made in terms of the Act.

2. AVAILABILITY OF THIS MANUAL

This manual is available electronically:

• on our practice’s SharePoint site.
• on request from our Information Officer, details below.

This Manual will be updated from time to time, as and when required.

Last updated: August 2024.

3. OUR INFORMATION OFFICER

The Information Officer of the Practice is:

• Nienke de la Bat

Office number: (012) 460 2921

E-mail: nienke@drproux.co.za

The Deputy Information Officers are:

• Alma Croucamp – Brooklyn

Address: 72 Marais Street, Brooklyn, Pretoria

Office number: (012) 460 2921

E-mail: brooklyn@drproux.co.za

• Bertina Jacobs – Visiomed

Address: 269 Beyers Naude Drive, Northcliff, Johannesburg

Office number: (011) 476 3113

E-mail: visomed@drproux.co.za

4. HOW TO REQUEST ACCESS TO RECORDS HELD BY PRACTICE

Requests for access to records held by Dr P Roux Oogheelkunde praktyk must be made on the request form available on https://inforegulator.org.za/wp-content/uploads/2020/07/InfoRegSA-PAIA-Form02-Reg7.pdf

When a record is requested, the following will apply:

• Fees may be payable as prescribed by law.
• The Request Form must be completed by the Requester. On the Request Form all details must be completed, including the right the requester wants to protect by requesting the information and WHY access to the information is required.
• If the requester is acting on behalf of someone else, the signature of the other person as the one who has authorised the request must be provided. In order to verify this, the practice may require further proof such as an identify document or may call the person whose information it is to verify that s/he has given permission for the other person to access the information on his/her behalf.
• The requester must state in which format (inspection of copy, paper copy, electronic copy, transcript, etc) s/he wants to access the information.
• If the record is part of another record, the requester will only be able to access the part(s) that pertains to the information s/he wants or is entitled to, and not the rest of the record.

All requests will be evaluated against the provisions of the Act. The Information Officer to refuse access on grounds stipulated in the Act. One can, for example, not access another person’s confidential information, or trade- or commercial secrets of a business. An answer on a request for information must be provided within 30 days of the request, and if not granted and the requester is not satisfied, s/he can approach the courts within 30 days.

OUTCOME OF REQUEST AND OF FEES PAYABLE – https://inforegulator.org.za/wp-content/uploads/2020/07/Form-3-PAIA.pdf

5. HOW THE PROTECTION OF PERSONAL INFORMATION ACT WORKS

The Act provides that a requester may be provided access to records of a private body, if the record is required for the exercise or protection of any rights. If a public body lodges a request, the public body must be acting in the interest of the public.

Requests under the Act must be made in terms of the procedures prescribed by the Act, at the rates provided. The forms and tariff are dealt with under section 53 and 54 of the Act.

More information on how the Act works and all other information including the Section 10 Guide can be obtained from the South African Human Rights Commission, https://www.sahrc.org.za/.

6. VOLUNTARY DISCLOSURE

The Practice’s contact details, services and procedures are made known automatically on our website and persons do not have to fill out a form to request such information.

7. RECORDS AVAILABLE IN TERMS OF OTHER LEGISLATION

Information is available in terms of the following legislation, subject to conditions set by such laws. As legislation changes from time to time, and new laws may stipulate new matters and extend the scope of access by persons specified in such entities, this list should be read as not being a final and complete list.

Business legislation (including all regulations issued in terms of such legislation):

The Companies Act 71 of 2008; Income Tax Act 58 of 1962; Value Added Tax Act 89 of 1991; Labour Relations Act 66 of 1995; Basic Conditions of Employment Act 75 of 1997; Employment Equity Act 55 of 1998; Skills Development Levies Act 9 of 1999; Unemployment Insurance Act 63 of 2001; Compensation for Occupational Injuries and Disease Act 130 of 1993; Occupational Health and Safety Act of 85 of 1993; Electronic Communications and Transactions Act 25 of 2002; Telecommunications Act 103 of 1996; Electronic Communications Act 36 of 2005; Consumer Protection Act 68 of 2008; Broad-based Black Economic Empowerment Act 53 of 2003; National Credit Act 34 of 2005; Long-term Insurance Act 52 of 1998; Protection of Personal Information Act 4 of 2013; etc.

Health legislation (including all regulations issued in terms of such legislation):

The National Health Act 61 of 2003; Medical Schemes Act 121 of 1998; Medicines and Related Substances Act 101 of 1965; Children’s Act 38 of 2005; Health Professions Act 56 of 1974; etc.

8. RECORDS HELD BY THE PRACTICE AND RELATED CATEGORIES OF DATA SUBJECTS

We hold records in the categories listed below. The fact that we list a record type here does not necessarily mean that we will disclose such records, and all access is subject to the evaluation processes outlined herein, which will be exercised in accordance with the requirements of the Act.

• Internal records relating to our business, which include our business’s founding and other documents, annual and other reports; financial records; operational records, policies and procedures; contracts; licences, internal correspondence; statutory records; insurance policies and records; etc.
• Personnel records, which include records of permanent employees, locums, contractors, directors. Records include personal files, records third parties have provided to us about their / our staff; employment contracts, conditions of employment; workplace policies; disciplinary records; termination records; minutes of staff meetings; performance management records and systems and all employment-related correspondence.
• Patient records, which include patient lists; health records; medical reports; funding records; agreements; consents; financial and accounts information; research information; evaluation records; profiling; and similar information. In the health sector, personal and patient information are protected by legislation and ethical rules, and disclosure can only take place, if at all, within those frameworks.
• Supplier and service provider records, which include supplier registrations; contracts; confidentiality agreements and non-disclosure agreements, communications; logs; delivery records; commissioned work; and similar information, some of which might be provided to us by such suppliers and providers under service- and other contacts.
• Technical records, which include manuals, logs, electronic and cached information, product registrations, product dossiers, health professional council / statutory body records, approvals, conditions and requirements, trade association information and similar product information.
• Third party information, which may be in our possession, but which would be subject to the conditions set in relation to such possession and use or purpose limitations.
• Environment and market information, which include information bought, publicly available information and commissioned information which pertains to the specific sector and market of our business and factors that affect the business, professional and healthcare environment.

9. CATEGORIES OF RECIPIENTS OF PERSONAL INFORMATION

We may, as authorised by the National Health Act, share relevant personal and health information with the hospitals we work in, with other service providers who are involved in your care and where such sharing is in your best interest and to medical schemes, where applicable. We also have to, by law, report adverse events of products (medicines / devices) to the SA Health Products Regulatory Authority and the company whose products it is.

10. PLANNED TRANS-BORDER FLOW OF PERSONAL INFORMATION

The Practice does not have any planned trans-border flow of personal information.

11. PURPOSE OF THE PROCESSING OF THE RECORDS REFERRED TO

The purpose of processing the information contained in the records listed above, is:

• In relation to the business/internal records: For good corporate governance and to comply with business and tax legislation.
• In relation to employees: for retention of employment records as legislated and execution of employer/employee agreements and labour legislation.
• In relation to patients: for retention of records as required by law and to provide healthcare services, to access health products (prescriptions and products orders) and for the collection of fees for the services so provided. Where the Practice participates in Registries or other databases, the specific consents signed by patients to have their information included, will disclose the purpose of such databases.
• In relation to suppliers and service providers: for record retention as legislated and for the execution of the supplier- and service level agreements.

12. THE SUITABILITY OF THE INFORMATION SECURITY MEASURES

The business store information electronically and physically as follows:

• Physical records are kept in locked cabinets at the business which is locked when not in use, and at the end of each day and only the relevant practice employees have access to the keys to the filing and other storage cabinet, as well as the office(s) of practice.
• Electronic records are kept on office computers or laptops which are password protected, with software regularly updated to protect against hacking, unauthorised access, tampering and the likes, and staff are trained to avoid practices that could place records at risk and on good practices that would keep electronic information reasonably secure.
• Records are archived as per the practices Practice Document Retention and Destruction Policy.

13. PRESCRIBED FEES

The following applies the request other than personal requests:

• The requestor is required to pay the prescribed fee before the request will be processed.
• The latest fee structure is available on the website of the SAHRC at https://www.sahrc.org.za/home/21/files/PAIA%20Notice%20on%20fees.pdf.