Tanika Upasani

About Tanika Upasani

Tanika writes to empowering clients to answer the questions that matter most: “So, what?” “Why should I care?” “And what must I do?” Read more ...

Ayinde v London Borough of Haringey | AI hallucinations

The Ayinde v London Borough of Haringey judgment highlights the risks of using generative AI for legal research. It shows why lawyers must apply proper judgment. The English High Court considered matters in which lawyers had submitted AI-generated hallucinations to […]

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Information Regulator ramps up enforcement

Information Regulator ramps up enforcement: on 1 September 2026, the Information Regulator briefed the public and media on its latest enforcement and compliance activities under POPIA and PAIA. The briefing shows the Regulator increasingly concerned about South Africa's cybersecurity environment. [...]

Mashashane v SABC | Exhaust internal remedies

In Mashashane v SABC, the Gauteng Local Division considered an urgent application under the Promotion of Access to Information Act 2 of 2000 (PAIA). Mashashane, the applicant, sought to compel the SABC to disclose a copy of an old Speak […]

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Mudau and Netshipise Attorneys v Information Officer for the CCMA | Deemed refusal

In Mudau and Netshipise Attorneys v Information Officer for the CCMA, the Gauteng Local Division held that a public body's failure to respond to a PAIA request within the prescribed 30-day period constitutes a deemed refusal under Section 27 of […]

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Sibanye-Stillwater enforcement action | Commercial information of a private body

Sibanye-Stillwater enforcement action was taken by the Information Regulator, who issued a PAIA enforcement notice against the company on 22 May 2026 after Sibanye refused access to its Social and Labour Plan (SLP) compliance reports. The Information Regulator found that […]

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Gauteng Department of Health enforcement action | Deemed refusal

The Gauteng Department of Health enforcement action issued by the Information Regulator on 8 June 2026, directs the Department to disclose records requested by the Complainant under PAIA. The records relate to the investigation of the assassination of Babita Deokaran. […]

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Central Johannesburg TVET College enforcement action | POPIA breaches

The Central Johannesburg TVET College enforcement action confirms that the Information Regulator will act when POPIA conditions are not met. On 22 May 2026, the Regulator issued its first formal enforcement notice of the year, following complaints lodged by employees [...]

NCC opt-out registry is a crisis for marketers

The NCC opt-out registry is a crisis for marketers. The new direct marketing regulations under the CPA may be one of the most burdensome compliance obligations marketers will face in years. Marketers must register, pay ongoing fees and opt people [...]

Eskom v Afriforum | Access to contracts

In Eskom v AfriForum, the Supreme Court of Appeal dismissed Eskom’s appeal and ordered it to disclose its coal and diesel contracts to AfriForum. The Court confirmed that under the Promotion of Access to Information Act 2 of 2000, access […]

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Standard Bank | Data breach

Standard Bank, Africa’s largest bank, has disclosed a data breach affecting a number of its clients. This raises concerns about rising cybersecurity risks across South Africa’s financial sector. Standard Bank directly communicated with their clients and confirmed that someone had […]

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OUTsurance enforcement action | Direct live call marketing

Direct marketing is under scrutiny as South Africa’s Information Regulator takes enforcement action against OUTsurance following an investigation into its direct live-call marketing practices. The case could become a landmark test of whether live telephone calls fall under section 69 […]

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Liquid Telecom enforcement action | Recording meeting without consent

The Liquid Telecom enforcement action regarding recording meeting without consent arises from a decision where Kenya’s data protection regulator fined Liquid Telecommunications Kenya 700,000 Kenyan Shillings for unlawfully recording and retaining a former executive's Zoom meeting without consent. The ruling […]

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