Access to Information

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Access to Information is regulated by law in many countries around the world. It is key to balance this important right with the right to privacy. We can help you understand your obligations and rights and give you advice on how to proceed.

The Promotion of Access to Information Act 2 of 2000 (PAIA, or PAI Act) governs how you can apply to access information. In terms of the PAIA all private bodies (entities mentioned above as defined in PAIA) and public bodies (mainly state departments and state administrations as defined in PAIA) must give access to their records if a party requests a record in terms of PAIA.

In the post below you will find some of our key insights and thoughts on Access to Information in the posts below. We look forward to being of assistance to you as you navigate accessing information and ensuring privacy and data protection.

PAIA section 32 report for public bodies | PAIA annual report

The information officer of every public body in South Africa must submit a PAIA section 32 report to the Information Regulator annually. Section 32 of PAIA makes it compulsory - a regulatory requirement. PAIA gives effect to section 32 [...]

By |2025-03-20T15:01:56+02:00March 18th, 2025|Categories: Access to Information|Tags: , , , |

PAIA section 83(4) report for private bodies | PAIA report

All private bodies must submit a PAIA section 83(4) report (PAIA report) to the information regulator according to a notice the regulator published. The regulator has requested private bodies to submit this report annually in terms of section 83(4) [...]

Information regulator annual performance plan for 2025 to 2026 APP

The information regulator has presented its draft annual performance plan (regulator APP) for 1 April 2025 to 31 March 2026. It has presented them in different formats to different audiences. For example, the regulator held a stakeholder engagement on 5 [...]

Information Regulator in South Africa

The Information Regulator was created by the Protection of Personal Information Act (POPI Act). POPI gives the Information Regulator teeth - it has extensive powers to investigate and fine responsible parties. Data subjects can complain to the Information Regulator [...]

PAIA compliance assessments by information regulator

South Africa’s Information Regulator conducts PAIA compliance assessments on public and private bodies in terms of section 77H of the Promotion of Access to Information Act (PAIA). PAIA plays a crucial role in an organisation's transparency and accountability to the [...]

Navigating Trustworthy AI in South African Law: An Overview

Building AI without legal guidance is like constructing a bridge without blueprints—it might stand for a while, but it's destined to collapse. As AI continues to rapidly integrate into the South African business environment, aligning it and its use [...]

By |2024-10-01T08:36:42+02:00September 30th, 2024|Categories: Access to Information, AI Law, Cybercrime, Data governance, POPI and Data Protection|Tags: , , , |

Information Regulator aims to step up enforcement

The information regulator briefed the public and the media on 11 September 2024 on some enforcement activities over the last quarter (since 1 April 2024). The central theme was that the regulator has taken various enforcement actions but hasn't succeeded [...]

State Security Agency (SSA) enforcement action | ANA expenditure

The Information Regulator issued an enforcement notice to the State Security Agency (SSA) regarding a PAIA record request. The SSA had refused to provide the information to the requester. This refusal prompted the Regulator to investigate and issue the SSA [...]

Guidance note on the processing of personal information of a voter by a political party and independent candidate

The information regulator issued a new guidance note on the processing of personal information of a voter by political parties and independent candidates as well as highlighting how to combat misinformation and disinformation in terms of the provisions of the [...]

Nkosi v Johannesburg Municipality | Access to information request

In Nkosi v Johannesburg Municipality, Nkosi requested access to the job evaluation and re-grading records in terms of PAIA. The Johannesburg Municipality refused their request. Who should care about this judgment and why? Employees and workers' trade unions because you [...]

Ndudane v Financial Intelligence Centre | Access to confidential information

In Ndudane v Financial Intelligence Centre (FIC), applicants sought access to confidential information held by the FIC under the Financial Intelligence Centre Act, 2001 (FICA), regarding the termination of their banking services by several major banks in South Africa. The [...]

By |2024-07-31T17:40:15+02:00March 26th, 2024|Categories: Access to Information|Tags: , |

Afriforum v Eskom | Access to contracts

In Afriforum v Eskom, the parties had a dispute when Eskom refused to grant Afriforum access, under PAIA, to various contracts related to coal and diesel procurement, as well as contracts with neighbouring countries for electricity provision. Who should care [...]