Amendment of PAIA regulations (POPI)

Amendment of PAIA regulations (POPI)

Business, Human Resources, Legislation

The PAIA regulations have been amended to bring them in line with similar provisions in the Protection of Personal Information Act (POPIA).

The new PAIA regulations include amongst other things, extra obligations and offences for the information officer and forms required to use for access to information.

Access to information

  • Public bodies must make certain records automatically available.
  • Private bodies must voluntarily dispose of certain records and make them automatically available.
  • Political parties must make certain records available.

Complaints to information regulator

  • A complainant may use the form provided to lodge an internal appeal against a decision of the information officer of a public body.
  • A complainant may lodge a complaint with the regulator, who must follow a procedure to deal with the complaint.
  • The regulator may try to settle the matter between the parties, failing which the regulator may conduct conciliation proceedings and act as conciliator in the matter.
  • An information officer can request the regulator to make an assessment on whether or not to grant access.
  • An information officer who (wilfully or in a grossly negligent manner) charges a fee for inspection of the PAIA guide (or any record) other than the fee prescribed, is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding two years.

To view the Government Gazette, follow the link.