1. Introduction
The Promotion of Access to Information Act, 2000, commonly referred to as PAIA, gives effect to the constitutional right of access to information held by public and private bodies.
This manual explains the categories of records that may be held by PeerDeposit and the procedure that a person may follow when requesting access to those records.
2. About PeerDeposit
PeerDeposit provides a residential rental deposit surety service for approved applicants.
The service includes the administration of applications, quotations, suretyship agreements, supporting documents, payment records, property records and claims.
3. Purpose of this manual
The purpose of this manual is to:
- explain how a request for access to a PeerDeposit record may be submitted;
- identify the categories of records that may be held by PeerDeposit;
- provide the contact details for submitting a request;
- explain that prescribed request and access fees may apply; and
- describe the circumstances in which access may be granted or refused.
4. Records that may be held
PeerDeposit may hold records in the following categories:
- customer account and registration records;
- tenant and landlord information;
- identity and verification documents;
- lease agreements and property information;
- quotations and fee calculations;
- PeerDeposit suretyship agreements;
- acknowledgements of debt;
- debit-order instructions and payment records;
- proofs of payment;
- property photographs and inspection records;
- claims, supporting evidence and claim decisions;
- correspondence with tenants, landlords and agents;
- complaints and dispute records;
- debt-recovery and legal records;
- supplier and service-provider records;
- employee and contractor records;
- financial, accounting and tax records;
- information technology and security records; and
- policies, procedures and operational records.
5. Records available without a formal PAIA request
Certain information may be available without submitting a formal PAIA request.
This may include:
- information published on the PeerDeposit website;
- general service information;
- the PeerDeposit Terms and Conditions;
- the Privacy Policy;
- contact information;
- copies of documents already supplied to an applicant; and
- account or application information available through the applicant's secure online profile.
6. How to submit a request
A request for access to a record must be submitted in writing.
The request should include:
- the full name of the requester;
- the requester's identity number or registration number;
- the requester's contact details;
- a clear description of the record requested;
- sufficient information to enable PeerDeposit to locate the record;
- an explanation of the right that the requester seeks to exercise or protect;
- an explanation of why the requested record is required to exercise or protect that right;
- the preferred method of access, such as electronic copy or inspection; and
- proof of authority where the request is made on behalf of another person.
7. Identity verification
PeerDeposit may require proof of identity before releasing any record.
Where a requester acts on behalf of another person, PeerDeposit may also require written authority, a power of attorney, proof of guardianship or another appropriate form of authorisation.
These requirements help protect personal and confidential information from unauthorised disclosure.
8. Fees
A prescribed request fee or access fee may be payable in accordance with PAIA and its regulations.
Where a fee is payable, PeerDeposit may require payment before processing the request or providing access to the requested record.
Additional charges may apply for copying, printing, electronic storage media, postage or time spent searching for and preparing records, where permitted by law.
9. Assessment of a request
PeerDeposit will consider each request in accordance with PAIA.
A request will not automatically result in access being granted. PeerDeposit may need to consider whether:
- the requested record exists and can be located;
- the request contains sufficient information;
- the required fee has been paid;
- the requester has established the required right;
- the record contains personal information about another person;
- the record contains confidential commercial information;
- the record is legally privileged;
- disclosure is prohibited by another law; or
- another lawful ground of refusal applies.
10. Grounds for refusing access
Access may be refused where permitted or required by PAIA.
This may include records containing:
- private personal information relating to another person;
- confidential information supplied by a third party;
- commercially sensitive or proprietary information;
- trade secrets;
- information protected by legal professional privilege;
- information that could compromise security or fraud-prevention measures;
- information whose disclosure could breach a duty of confidentiality; or
- information that may not lawfully be disclosed.
11. Partial access
Where only part of a record may lawfully be disclosed, PeerDeposit may provide access to the disclosable portion and remove or redact the protected portion.
12. Time period for responding
PeerDeposit will endeavour to respond to a valid request within the period prescribed by PAIA.
The response period may be extended where permitted by law, including where:
- a large number of records must be searched;
- the records are stored in more than one location;
- consultation with another person is required;
- the request is complex; or
- additional time is reasonably required to process the request.
13. Form of access
Where access is granted, it may be provided by:
- allowing inspection of the record;
- providing an electronic copy;
- providing a printed copy;
- providing a transcript or extract; or
- another reasonable method permitted by PAIA.
The form of access may depend on the nature of the record, the requester's preference, security considerations and the technical format in which the record is held.
14. Protection of personal information
Personal information contained in PeerDeposit records is also protected under the Protection of Personal Information Act, 2013.
PeerDeposit will not disclose personal information merely because a PAIA request has been submitted. Any disclosure must be lawful and consistent with PAIA, POPIA and other applicable laws.
15. Remedies
A requester who is dissatisfied with a decision regarding access may have the right to approach a court or another competent authority in accordance with PAIA.
A requester may also contact the Information Regulator where the matter concerns access to information or the processing of personal information.
16. Availability of this manual
This manual is available on the PeerDeposit website.
A copy may also be requested from PeerDeposit using the contact details below.