Privacy and Access to Information Policy
POPIA (Protection of Personal Information) Compliance
Polkadot Sparrow Occupational Therapy (“we”, “us”) is committed to protecting your personal information as required by South Africa’s Protection of Personal Information Act (POPIA). We collect and process personal data only to provide healthcare and related services. Categories of information collected: For website visitors and enquirers, we may collect name, email, contact details and any message you submit via forms, plus usage data via cookies or analytics. For therapy clients (adults and children), we collect contact and demographic details, medical history, assessment reports, treatment records, billing/insurance information, and referral information. For minors, we additionally hold parent/guardian consent and contact details. We may also receive third-party data (e.g. from referring doctors, teachers or other therapists) provided with consent. All collected information is used solely for the purposes of assessment, treatment, administrative needs, and communication with you or your authorized contacts.
Lawful basis: We process your personal information only when lawful. This includes:
(a) Consent – we obtain explicit, informed consent before collecting and processing sensitive health data or profiling (e.g. POPIA Section 11).
(b) Contractual necessity – processing is needed to fulfil our service contract with you (e.g. scheduling, billing, follow-up).
(c) Legal obligation – to comply with legal requirements (e.g. health regulations, law enforcement) or professional guidelines.
(d) Legitimate interests – limited processing may occur for our legitimate interests or yours (e.g. practice administration, quality improvement, marketing notices), but only if such interests do not override your rights. You have the right to withdraw consent or object to processing at any time. All processing is done in accordance with POPIA’s conditions for lawful processing.
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Sensitive and Special Personal Information: We recognize that health information (medical records, therapy notes, diagnoses) is special personal information under POPIA. POPIA generally prohibits processing of health or sex-life information unless authorised (Sections 26–33), but there are exceptions for healthcare providers. Under POPIA Section 32, healthcare professionals may process patients’ health data for proper treatment and care or for administration of the practice. Accordingly, we collect and use your health information to provide occupational therapy and related services. Such information is treated as strictly confidential: it is accessed only by our clinicians and staff who are bound by professional secrecy (as required in Section 32, which demands confidentiality by virtue of profession or agreement). We do not process special categories of data beyond what is necessary for your care (no unnecessary genetic, biometric, or intimate data is collected). Processing of children’s personal data is done only with parental/guardian consent, in compliance with POPIA Sections 34–35. (Section 34 prohibits processing a child’s data without authorization, and Section 35 allows it for legitimate purposes with parental consent.)
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Transparency: We inform you when we collect information. At the point of collection (e.g. during intake or registration) we clearly explain why we need the information and how long it will be kept (POPIA Section 18). We also disclose whether providing the data is voluntary or mandatory (for instance, providing medical history is mandatory for treatment, but subscribing to our mailing list is voluntary). If we collect data about you from another source (like a referral letter), we will inform you as soon as possible.
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Data security and storage: We implement appropriate technical and organizational measures to keep your information secure (POPIA Section 19). This includes encrypted electronic records, password protection, secure servers and backup routines, locked filing cabinets for paper records, and restricted access only to authorised staff. All staff and associates are trained on confidentiality and have signed confidentiality agreements. We regularly review and update our security practices and conduct risk assessments to protect against unauthorized access or data breaches. In the unlikely event of a security incident, we will notify affected persons and the Information Regulator as required by law.
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Data retention: We retain personal information only for as long as needed. Patient health records are kept according to health profession guidelines: at least six (6) years after the date of last treatment for adults, and until a minor’s 21st birthday (whichever is later). After these periods, records are securely destroyed or anonymized. Administrative and financial records are retained according to legal requirements and for as long as necessary for our business purposes (typically 5–6 years for accounting records).
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Website and cookies: Our website may use cookies and analytics tools to improve the user experience and understand site usage. Cookies do not collect sensitive personal information; they collect non-identifiable technical data (e.g. pages visited, time spent). Most browsers allow you to disable cookies or opt-out of analytics if you wish. Any personal data submitted via the website (e.g. through contact forms) is collected with your consent and handled as described in this notice.
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Your rights: As a data subject under POPIA, you have several rights. You have the right to be informed about what personal information we hold about you and how we use it. You can request access to your personal data (Section 23) and ask for any inaccuracies to be corrected (Section 24). You can request that we delete or destroy your data if it is no longer needed for our purposes (subject to any overriding legal obligations). You have the right to withdraw consent or to object to processing, especially if you believe the processing is not justified. We will consider any such request in accordance with POPIA. To exercise your rights or make any inquiries, please contact our Information Officer at [polkadot.sparrow.ot@domain.com] (or write to our practice address). If you are not satisfied with our response, you have the right to lodge a complaint with the Information Regulator of South Africa (as per POPIA Section 74).
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Governing laws and updates: This policy complies with POPIA (Act 4 of 2013) and any applicable regulations. We also observe professional codes of ethics (such as those of the Health Professions Council of South Africa). We review this policy periodically and will update it if laws or our practices change, posting any changes on our website.
Privacy and Access to Information Policy
PAIA (Promotion of Access to Information) Compliance
Polkadot Sparrow Occupational Therapy is a private healthcare practice, and as such is subject to the Promotion of Access to Information Act (PAIA, Act 2 of 2000). PAIA promotes transparency by giving you a constitutional right to access information held by the state or by private bodies when needed to protect or exercise rights. In compliance with PAIA Section 51, we have appointed an Information Officer and maintain a PAIA Manual describing the types of records we hold and how to request them.
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Information Officer: Our Information Officer is the [Practice Manager/Privacy Officer], who can be contacted at Polkadot Sparrow OT, [Street Address, Hillcrest], or by email at [info@polkdotsparrow.co.za]. All requests under PAIA must be directed to this officer.
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Records held: We hold records on a variety of subjects, including patient clinical records, billing and financial records, staff and administrative records, referral communications, and other documents relating to our operations. (Our PAIA Manual provides a detailed list of record categories on each subject.)
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Access requests: To request access to any record held by us, you must submit a written request to the Information Officer that complies with PAIA requirements. This includes: your name and contact details; proof of identity; details of the record(s) you seek (as specific as possible); the purpose of the request; and an indication of the right you wish to exercise. A prescribed fee must accompany the request (where applicable). We will acknowledge your request and typically respond within 30 days (which may be extended to 60 days in certain circumstances) from receipt of a properly completed request. If the information you seek is personal information about yourself, you may generally request it without paying a fee (except for minimal copying costs).
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Fees: Any fees for PAIA requests (e.g. search and copying fees) are governed by regulations under PAIA. We will inform you of any fees required for processing your request and provide an estimate before proceeding.
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Decision and appeals: The Information Officer will consider your request and decide whether to grant access or refuse it, in whole or in part, based on PAIA’s provisions (such as privacy considerations and confidentiality of third-party information). If access is granted, it will be provided in the manner requested (e.g. copies of records). If your request is refused, you have the right to lodge an internal appeal to the head of the practice. Under PAIA you also have the right to apply to a court and to lodge a complaint with the Information Regulator if unsatisfied.
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Personal records: Note that under the National Health Act and ethical guidelines, patients generally have a right to access their own medical records (subject to professional guidance and possible consultation with the clinician). This is separate from PAIA but also affords you access to your health information.
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Guide to PAIA: For detailed guidance, you may consult the PAIA manual, which we make available on request. It includes information on how to make a request, contact details, and the categories of records held. We publish any “automatically available” information (if any) in accordance with PAIA regulations, and this policy provides key information about your access rights.
In summary, Polkadot Sparrow Occupational Therapy respects your privacy and information rights. We handle personal and health data in strict compliance with POPIA, and we provide access to information under PAIA as required. For any privacy or PAIA-related inquiries, or to exercise your rights, please contact our Information Officer as noted above.
Sources: This policy is based on the requirements of POPIA (Act 4 of 2013) and PAIA (Act 2 of 2000), as well as official guidelines. For example, POPIA’s conditions for lawful processing and data subject rights are summarized in Section 11–18. Healthcare-specific provisions (e.g. Sec 32 on health information) acknowledge that medical data may be processed for treatment. Record retention follows HPCSA guidelines (e.g. storing adult patient records ≥6 years and children’s until age 21). PAIA’s purpose (“to give effect to the constitutional right of access to information”) is set out in its preamble, and Sections 51–52 require a private body to make its PAIA Manual available. Our policies align with these statutes and relevant regulations.
Patients’ Rights Charter
Polkadot Sparrow Occupational Therapy affirms the rights of all our clients—adults, children and adolescents, and their parents or guardians. We follow the Health Professions Council of South Africa (HPCSA) ethical rules and the National Patients’ Rights Charter, as well as the South African Constitution (which guarantees equality, dignity, privacy and access to health care). In keeping with these standards, our practice is trauma-informed, culturally inclusive and family-centred: we listen, communicate clearly, and work in partnership with each client and family. For example, HPCSA Rule 27A requires practitioners to act in the patient’s best interests and to “respect patient confidentiality, privacy, choices and dignity”. In this spirit, we uphold the following rights for everyone in our care:
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Right to a safe, healthy and trauma-informed environment: You have the right to treatment in a clean, accessible setting that supports your physical and mental well-being. Our therapists strive to create an atmosphere of psychological safety and trust. We recognize that past trauma can affect therapy, so we emphasize principles of trauma-informed care: understanding the impact of trauma, avoiding re-traumatization, and empowering you in your care.
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Right to dignity and equality (non-discrimination): You have the right to be treated with respect and without prejudice. We honour your intrinsic dignity and ensure that personal characteristics (race, culture, ethnicity, disability, gender, sexual orientation, religion, etc.) do not affect the quality of care you receive. This aligns with the Constitution’s guarantees of equality and the HPCSA mandate to ensure non-discriminatory practice.
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Right to privacy and confidentiality: Your personal and health information is private. We protect your records and will not share information without your consent, except as required by law. All disclosures are managed under South African law (e.g. the National Health Act) and HPCSA guidelines. You may expect private, one-on-one consultations; you may ask us to explain who has access to your records.
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Right to information and informed consent: You have the right to receive complete, understandable information about your condition, therapy options, goals, risks and expected outcomes. We will explain all interventions (including any assistive devices or exercises) and associated costs, so you can make informed choices. For adults, we will only proceed with your informed consent (verbal or written); for children or adults unable to consent, we involve legal guardians or next-of-kin as required by law.
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Right to participation in your care: You have the right to be actively involved in planning and decision-making about your therapy. We encourage you (and your family/guardian) to ask questions, voice concerns, and set personal goals for treatment. The National Patients’ Rights Charter explicitly affirms that everyone has the right to participate in decisions affecting their own health. Our approach is collaborative: we listen to you and work together to set goals and monitor progress.
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Right to family-centred care: If you are a child or adolescent, your parents or guardians have a right and duty to be involved in your care. We respect the Children’s Act, which makes “the best interests of a child… of paramount importance in every matter concerning the child”. We keep families informed, involve them in goal-setting, and support family strengths and needs. (Adults may also choose to include family or caregivers in their therapy, at their discretion.)
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Right to cultural and personal beliefs: You have the right to have your cultural, spiritual and personal values respected in therapy. We honour and accommodate your cultural background and language whenever possible (for example, by using interpreters or culturally appropriate materials). HPCSA guidelines emphasize that practitioners must ensure their own beliefs do not prejudice care. Our team strives to recognize and address any biases, providing care that is sensitive to historical trauma and individual identity.
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Right to professional, evidence-based care: You have the right to skilled, competent occupational therapy. Our clinicians maintain up-to-date training and adhere to HPCSA professional standards. We use sound assessments and evidence-based interventions tailored to your needs. You can expect clear explanations of your therapy plan and why each activity or exercise is chosen.
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Right to access and equity: You have the right to access the care you need. We do not refuse services on arbitrary grounds. In particular, we honour the constitutional right to health: no one may be denied emergency care. Although our clinic is private, we will always discuss financial options transparently. We also facilitate referrals (for example, to public rehabilitation programs, assistive-device providers or specialists) if needed to ensure continuity of care.
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Right to refuse treatment or seek a second opinion: You may refuse any therapy, test or screening at any time (provided it does not endanger others). You also have the right to request a second opinion about any proposed intervention. We respect your autonomy in making these choices and will not coerce you. Refusal of treatment will be documented and discussed with you, ensuring you understand any consequences.
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Right to ask questions and make complaints: You have the right to give feedback or lodge complaints about your care. We welcome questions and are committed to addressing concerns promptly. The National Patients’ Rights Charter states that everyone has the right to complain and to receive a full response after investigation. If you feel your rights have been compromised, you can speak to our director, file a formal complaint with our clinic, or contact HPCSA. We will handle all complaints with confidentiality and professionalism.
Each of these rights is supported by South African law and ethical standards. Polkadot Sparrow Occupational Therapy is dedicated to upholding them for every client. By respecting these rights, we aim to empower you in your therapy and ensure respectful, ethical, inclusive care for all.
Sources: HPCSA ethical rules and guidelines; National Patients’ Rights Charter; South African Constitution (Bill of Rights); Children’s Act principles; trauma-informed care principles.