Access to Information

Access to Information is regulated by law in many countries around the world. For example, the Promotion of Access to Information Act 2 of 2000 (PAIA, or PAI Act) in South Africa. It is crucial to strike a balance between this critical right and the right to privacy. Read our insights, regulatory updates, judgment summaries, enforcement action (including fines and notes), data breaches or authority guidance.

OUTA v SANRAL: when may you refuse to disclose?

In Organisation Undoing Tax Abuse v South African National Roads Agency, known as 'OUTA' and 'SANRAL' respectively, the court upheld SANRAL's refusal to disclose sensitive commercial information, citing PAIA protections. Who should care about this judgment and why? Public administrators [...]

RAV enforcement action | Royalty payments

The information regulator issued its first PAIA enforcement notice to Risa Audio Visual (RAV). Hardwick Trading (Hardwick) complained to the information regulator after RAV's CEO denied their request for access to records relating to the distribution of royalty payments that [...]

PAIA compliance notice in terms of the Promotion of Access to Information Act

Last week, the information regulator issued PAIA compliance notices to several public and private bodies in terms of the Promotion of Access to Information Act (PAIA). Although the regulator's notice is addressed to public bodies and to "Deputy Information Officers", [...]

The International Day for Universal Access to Information (IDUAI)

On September 28th, we celebrate the International Day for Universal Access to Information (IDUAI). A day dedicated to raising awareness about the crucial role that access to information plays in promoting human rights, democracy, and development. Access to Information is an [...]

Leuvennink v CAA

In Leuvennink v CAA, the deceased pilot's wife sought access to airplane crash records to establish the accident's cause. However, the Civil Aviation Authority (CAA) refused access, citing the unavailability of records and adherence to regulations and an aviation convention. [...]

By |2024-03-27T10:25:54+02:00July 31st, 2023|Categories: Access to Information|Tags: , , |

South Africa considers establishing a Cyber Commissioner

A member of Parliament in South Africa has proposed a Cyber Commissioner Bill to create a Cyber Commissioner to centralise cyber matters as a specific responsibility within the government. Adv G Breytenbach, a member of Parliament, has proposed the Constitution [...]

By |2025-03-03T12:19:26+02:00May 16th, 2023|Categories: Access to Information, Cybercrime, POPI and Data Protection|Tags: |

Strategic Partners Group v The Liquidators of Ilima Group

In Strategic Partners Group (Pty) Ltd ("SPG") v The Liquidators of Ilima Group (Pty) Ltd ("LIG"), the case revolved around SPG's attempts to limit the liquidators' access to documents required for LIG to evaluate and dispose of Ilima's shareholding in [...]

By |2024-03-26T09:46:27+02:00March 24th, 2023|Categories: Access to Information|Tags: |

Elite Plumbing v Casper Le Roux Attorneys

In Elite Plumbing v Casper Le Roux Attorneys, Elite Plumbing sought an order from the court ordering Casper Le Roux Attorneys to furnish it with information sought in two requests for information. The application was made in terms of section [...]

By |2024-07-30T09:33:54+02:00March 6th, 2023|Categories: Access to Information|Tags: , , |

Draft POPIA Rules for the Enforcement Committee

The Information Regulator published a notice calling for comments on the draft POPIA Rules for the Enforcement Committee (Committee). The draft Rules outline the Procedure that the Enforcement Committee must follow when the regulator refers a POPIA complaint to them [...]

Minister of State Security v Makwakwa

In Minister of State Security v Makwakwa, the court prevented Makwakwa from publishing a classified intelligence report on any medium or platform. The court took a "judicial peek" at the report titled "US interest in ANC party dynamics". The judge [...]

How to make the Information Regulator happy with your organisation

Picture yourself sitting on your couch at home, causally flicking through channels. The Information Regulator and data protection are the last things on your mind; and yet there you are, stumbling onto a press conference the Information Regulator is doing. [...]