GOWRNMENT G~~, 3 FEBRUARY 2000
PROMO~ON OF ACCESS TO mOWAmON ACT, 2000
No.
Act
20852
No.
33
2, 2W
Access to health or other records
61. (1) If the head of a private body who grants, in terms of section 50, a request for
access to a record provided by a health practitioner in his or her caFacity as such about
the physical or mental health, or well-being—
(a) of the requester; or
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(b) if the request has been made on behalf of the person to whom the record
relates, of that person,
(in this section, the requester and person referred to paragraphs (a) and (b), respectively,
are referred to as the “relevant person”), is of the opinion that the disclosure of the
record to the relevant person might cause serious harm to his or her physical or mental 10
health, or well-being, the information officer may, before giving access in terms of
section 60, consult with a health practitioner who, subject to subsection (2), has been
nominated by the relevant person.
(2) If the relevant person is—
(a) under the age of 16 years, a person having parental responsibilities for the 15
relevant person must make the nomination contempltiteti in subsection (1); or
(b) incapable of managing his or her affairs, a person appointed by the court to
manage those affairs must make that nomination.
(3)(a) If, after being given access to the record concerned, the health practitioner
consulted in terms of subsection (1) is of the opinion that the disclosure of the record to 20
the relevant person, would be likely to cause serious harm to his or her physical or
mental health, or well-being, the head may only give access to the record if the requester
proves to the satisfaction of the head that adequate provision is made for such
counseling or arrangements as are reasonably practicable before, during or after the
disclosure of the record to limit, alleviate or avoid such harm to the relevant person. 25
(b) Before access to the record is so given to the requester, the person responsible for
such counseling or arrangements must be given access to the record.
CHAPTER 4
GROUNDS FOR REFUSAL OF ACCESS TO RECORDS
Interpretation
30
62. A provision of this Chapter in terms of which a request for access to a record must
or may or may not be refused, must not be construed as—
(a) limited in its application in any way by any other provision of this Chapter in
terms of which a request for access to a record must or may or may not be
35
refused; and
(b) not applying to a particular record by reason that another provision of this
Chapter in terms of which a request for access to a record must or may or may
not be refused, also applies to that record.
Nlandatory protection of privacy of third party who is natural person
63. (1) Subject to subsection (2), the head of a private body must refuse a request for 40
access to a record of the body if its disclosure would involve the unreasonable disclosure
of personal information about a third party, including a deceased individual.
(2) A record may not be refused in terms of subsection (1) insofar as it consists of
information—
(a) about an inalvldual who has consented In terms of section 72 or otnerwlse In 43
writing to its disclosure to the requester concerned;
(b) already publicly available;
(c) that was given to the private body by the individual to whom it relates and the
individual was informed by or on behalf of the private body, before it is given,
that the information belongs to a class of information that would or might be 50
made available to the public;
(d) about an individual’s physical or mental health, or well-being, who is under
the care of the requester and who is—
(i) under the age of 18 years; or
55
(ii) incapable of understanding the nature of the request,
and if giving access would be in the individual’s best interests;
(e) about an individual who is deceased and the requester is—