The information regulator may issue PAIA enforcement notices from time to time. A PAIA enforcement notice is a written recommendation of actions that the Enforcement Committee sends to the information regulator. It is like a ruling from an authority and shares the same principles as a POPIA enforcement notice. The enforcement notice sets out requirements for the head of a public or private body to comply. For example, the regulator may direct that the body grants access to records that it holds, or it may set out a set of actions that the body must take within a prescribed period to comply.
The regulator can only investigate a complaint that a requester or a third party submits. When the regulator receives a complaint, they can conduct a full investigation into the complaint or resolve it through a settlement or conciliation process. The regulator resolves most of the PAIA complaints through a settlement or mediation process.
However, if the regulator cannot resolve a complaint, then they refer the matter for full investigation. After the investigation process is completed, an investigation report is referred to the Enforcement Committee for a finding and a recommendation of actions to be taken against the head of the private body in respect of PAIA.
We regularly monitor and report on all updates from the information regulator. It is important for private bodies with a high public interest score to keep on top of the outcomes from enforcement notices. That’s why we’ve launched this page so that you receive our insights on all PAIA enforcement notices.
