Do you need an Access to Information manual? What is it anyway? The Promotion of Access to Information Act (PAIA) says that all public and private bodies in South Africa need to create a manual that contains, amongst other things:
- The postal and street address, phone and fax number and, if available, e-mail address of the head of the body.
- A description of, and how to obtain access to, a guide on how to use the Act to get information from bodies.
- What records are available to an interested party without having to request access in terms of PAIA.
- A description of the records of the body, which are available in accordance with any other legislation.
- How to request records from the body in terms of the Act.
- Various information related to the Protection of Personal Information Act.
- Additions as described in the PAIA Regulations.
- Such other information as may be prescribed by the Minister.
What is the Access to Information manual deadline?
The PAIA Manual deadline is 1 January 2022. Some bodies are currently exempt up until 31 December 2021 but from 1 January 2022, everybody needs to have a PAIA Manual.
Are you currently exempted?
All private bodies are currently exempt from having an Access to Information manual until 31 December 2021, except for certain companies. From 1 January 2022, no one will be exempt.
A record of your processing activities
In South Africa section 17 of POPIA requires a responsible party to maintain a record of all processing operations (or activities or functions) under its responsibility in a PAIA manual. This means that POPIA requires you to provide additional information in your PAIA manual.
Actions you can take
- Use our public interest self-assessment to determine if you are a low or high public interest organisation.
- If you are a high public interest organisation, join our programme to help you comply with PAIA.
- If you already have an Access to Information manual, make sure it is up-to-date by asking Michalsons to review it to check that it complies with the latest law including POPIA and the Regulations.
- Ask Michalsons to draft an Access to Information Manual for you to comply with your legal obligations.
What must you do with your Access to Information manual?
Your manual needs to be available on your website (if you have one) and at your principal place of business. You don’t need to send your manual to the Information Regulator unless they request it. You don’t need to submit it to anyone.
Why do it?
It is a criminal offence not to have an Access to Information manual if you are required to do so, and you could face some hefty fines if you do not comply. Currently, the Information Regulator is not issuing fines for non-compliance, but whether this will remain the case is unknown.