ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT
(as amended January 2008)
“prescribe” means prescribe by regulations made in terms of section ninety-one;
“press card” means a document issued to a journalist in terms of section seventy-nine;
“public body” means any body prescribed as a public body in terms of the first column of
the Second Schedule to this Act.
“public event”20 means any event or meeting which the public or any section of the public,
is permitted to attend, whether on payment or otherwise;
“record” includes books, documents, maps, drawings, photographs, letters, vouchers, papers and any other thing on which information is recorded or stored by graphic, electronic, mechanical or other means, but does not include a computer programme or any
other mechanism that produces records;
“responsible person”21, in relation to a mass media service, means the person who discharges the functions of a chief executive officer of that service, by whatever name or
title that person may be described;
“third party”, in relation to a request for access to a record or for correction of personal information, means any person, group of persons or organisation other than the person
who made the request;
“trade secret” means information, including a formula, pattern, compilation, programme,
device, product, method, technique or process, that is used, or may be used, in business
or for any commercial advantage and—
(a) derives independent economic value, actual or potential, from not being generally
known to the public or to other persons who can obtain economic value from its
disclosure or use; and
(b) is the subject of reasonable efforts to prevent it from becoming generally known;
and
(c) the disclosure of which would result in harm or improper benefit.
(2) Where a mass media owner does not manage the mass media service of which he is the
owner, any reference to a mass media owner in sections forty-six, sixty-six, sixty-seven, seventyone, seventy-three and eighty-six shall be construed as a reference to the mass media service.
3
Application of Act in relation to other laws
(1) This Act shall apply to matters relating to access to information, protection of privacy
and the mass media and shall be construed as being in addition to and not in substitution for any
other law which is not in conflict or inconsistent with this Act.
(2) If any other law relating to access to information, protection of privacy and the mass
media is in conflict or inconsistent with this Act, this Act shall prevail.
4
General application of Act
(1) This Act shall apply to all records in the custody or under the control of a public body,
but shall not include the records listed in the First Schedule.
20
Definition inserted by s. 2 of Act 20/2007.
21
Definition inserted by s. 2 of Act 20/2007.
10