ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT
(SHOWING AMENDMENTS MADE BY ACT 5/2003)
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Duty to assist applicants
(1) The head of a public body shall take every reasonable step to assist an applicant and
shall, subject to section eleven or twelve, respond as soon as is reasonably possible in the circumstances, but not later than thirty days, to each request for access to a record.
(2) Where necessary, the head of a public body shall create a record for an applicant if—
(a) the record can be created from a machine readable record in the custody or under the
control of the public body using its normal computer hardware and software and technical expertise; and
(b) creating the record will not unreasonably interfere with the operations of the public
body.
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Contents of response
(1) A response by the head of a public body to a request made in terms of section six shall
inform the applicant—
(a) whether or not he is entitled to access to the record or a part of the record; and
(b) the place where, time when and manner in which such access will be given.
(2) Where the head of a public body refuses access to a record or part of a record, he shall
inform the applicant of the reasons therefor.
(3) An applicant whose request for a record or part of a record has been refused by the head
of a public body may request the Commission to review the public body’s decision.
(4) The head of a public body may refuse a request for a record or part of a record if granting access to such a record—
(a) will contravene this Act; or
(b) will result in the disclosure of personal information pertaining to a third party that is
protected from disclosure in terms of Part III; or
(c) is not in the public interest.
10 Access to information
(1) Where an applicant is granted access to a record or part of a record, the head of a public
body shall—
(a) give him the opportunity to examine such record or part thereof; or
(b) where the applicant has requested a copy of a record or part of a record, provide him
with such copy if it can be reproduced, and where it cannot be reproduced, give the
applicant an opportunity to take notes from such record or part thereof. 8
(2)
[Repealed]9
11 Extension of time limit for responding
(1) The head of a public body may extend the time for responding to a request by a further
period not exceeding thirty days or, with the Commission’s permission, for a longer period if—
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Paragraph (b) amended by s. 25 of as read with Schedule to Act 5/2003.
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Subsection (2) repealed by s. 25 of as read with Schedule to Act 5/2003.
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