Mr JJ van der Linde (DA) to ask the Minister for the Public Service and Administration:
What (a) statutory provisions, (b) regulations, (c) policy instruments and (d)
practices govern the (i) classification, (ii) protection against the release or
access, (iii) protection for other purposes such as preservation and (iv) release
upon request for access of (aa) documented information and (bb) undocumented
information held by (aaa) his department or (bbb) any other entities who receive
budgetary transfers from his department?
With regard to the Department of Public Service and Administration (DPSA) the
answers to the questions and where applicable, the specific instrument for
dealing with a are as follows:
(a) Statutory provisions – Promotion of Access to Information Act, 2000 (Act 2 of 2000 – requests for documented information and protection against release of, or access to, documented information); Protection of Information Act, 1982 (Act 84 of 1982 – protection against release of or access to information); National Archives and Record Service of South Africa, 1996 (Act 43 of 1996 – classification of information, release of, or access to, information and protection of information for preservation purposes); and Electronic Communications and Transactions Act, 2002 (Act 25 of 2002 – protection of personal information and release of and access to all information).
(b) Regulations – Regulations regarding the Promotion of Access to Information, 2002 (requests for documented information); Public Service Regulations, 2001 (regulations C.2.9 and C.4.12 in Ch 2 – access to and protection of information) and the National Archives and Record Service of South Africa Regulations, 2002 (classification of information, release of, or access to, information and protection of information for preservation purposes);
(c) Policy instruments – Minimum Information Security Standards approved by the Cabinet in 1996 (classification and protection against release of, or access to information);
(d) Practices – File Plan of the DPSA -internal filing system (classification and protection for other purposes such as preservation)
With regard to entities that receive budgetary transfers from the DPSA’s budget:
(a) The Office of the Public Service Commission and PALAMA receive budgetary transfers but both are listed as separate departments in Schedule 1 to the Public Service Act, 1994, and therefore are responsible for the management of their own information.
(b) The Public Service Sector Education and Training Authority (PSETA) may receive budgetary transfers from 1 April 2011 from the DPSA. However, it is listed as a public entity in Schedule 3 to the Public Finance Management Act, 1999, and therefore is responsible for the management of its own information.