Information Regulator to take over PAIA functions
South Africa’s Information Regulator is taking over the functions relating to the Promotion of Access to Information Act (PAIA) 2000 from the South African Human Rights Commission, effective June 30.
This follows a proclamation of sections 110 and 114(4) of the Protection of Personal Information Act (POPIA) 2013, which provide for amendment of PAIA and the effective transfer of certain functions.
PAIA aims to promote transparency, accountability and effective governance of all public and private bodies, assist members of the public to effectively scrutinize and participate in decision-making by public bodies and establish mechanisms or procedures which give effect to the right of access to information in a speedy, inexpensive and easy manner.
The PAIA Amendment Act, which came into operation on April 1, 2021, outlines that information on the private funding of political parties and independent candidates must be recorded, preserved and made available upon request by the public.
“In relation to PAIA manuals, the scope of information that the manual must cover has been widened to include matters relating to the processing of personal information in terms of POPIA. Up to now, an exemption has allowed smaller private bodies to be exempt from developing a manual,” said the Information Regulator in a statement on June 29.
The current exemption expires on June 30, however, Justice and Correctional Services Minister Ronald Lamola extended the exemption by a further six months to December 31, 2021, to afford currently exempted private bodies adequate time to compile their PAIA Manual.
Although the notice has not been gazetted yet, a signed copy of the notice may be accessed from the Regulator’s website.
“As this is a final exemption in terms of section 51(4) of PAIA, effective from January 1, 2022, all public and private bodies (including those that are currently exempted) must have their PAIA Manual available at their principal place of business or on their website, if any, and from June 30, 2021, public and private bodies do not have to submit their PAIA Manual to the Regulator.”
All previously developed PAIA manuals of both public and private bodies must be updated to include provisions relating to the processing of personal information in terms of POPIA.
The Information Regulator will publish PAIA manual templates as a guide in due course.
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