Do you already have a PAIA manual or Access to Information manual? Are you wondering whether it is in-line with the latest laws and regulations in South Africa? Is your PAIA manual in-line with POPIA (Protection of Personal Information Act) and the latest PAIA Regulations? POPIA amended the sections in PAIA that deal with the manual and your manual must now contain additional information (unless is it contained in your privacy policy). For example, a description of the different categories of your data subjects. Are you worried that you are missing things in yours?
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, you can join our programme.
- If you already have a PAIA 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 a PAIA manual for you to comply with your legal obligations.
What is the PAIA manual deadline?
The deadline is 31 December 2021. From 1 January 2022, everybody must have a manual.
Why do you need one?
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.
Review your existing PAIA manual and POPIA
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. We can conduct a due diligence review of your existing PAIA manual. Some of the issues that we will deal with are the following:
- Does it comply with the latest law, including the PAIA Regulations and the latest version of PAIA and POPIA?
- Does it contain everything the law requires it to contain? What is missing?
- Is it likely to make people (whichever it applies to) trust you as an organisation?
We’ll give you a practical and meaningful report, together with suggested amendments, recommendations, and action items. A proactive step now could save you from a horrible mess in the future. If you do not have an up-to-date manual, your information officer could be fined or imprisoned for a period not exceeding two years.
Review your privacy policy
Considering that there is a close relationship between the PAIA manual and a privacy policy, you might want us to review your privacy policy at the same time.
What must you do with your PAIA 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.
