PAIA report submissions clarity requested from Information Regulator.

PAIA REPORT SUBMISSIONS
CLARITY REQUESTED FROM INFORMATION REGULATOR

Dear employer

The Information Regulator, on 2 May 2023, published an invitation to all Information- and Deputy Information Officers of public- and private bodies, with the subject reading:

INVITATION TO SUBMIT THE ANNUAL REPORT FOR 2022/2023 FINANCIAL YEAR, IN RESPECT OF ACCESS TO INFORMATION REQUESTS RECEIVED & PROCESSED BY THE PUBLIC AND PRIVATE BODIES, IN TERMS OF SECTION 32 AND SECTION 83(4) OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000.

The due date for these submissions is 30 June 2023.

Section 83(4) of the Promotion of Access to Information Act (PAIA) stipulates the following (as amended by section 110 of the Protection of Personal Information Act [POPIA]):

“For the purpose of the annual report referred to in section 84 and if so requested by the Information Regulator, the head of a private body may furnish to the Information Regulator information about requests for access to records of the body.” (own emphasis added)

NEASA requested further clarity from the Information Regulator in order to determine whether the invitation was considered by the Information Regulator as a ‘mass request’ to all private bodies in terms of section 83(4) to submit said reports.

The Information Regulator responded, verbatim, as follows:

“According to S83 (4), if so requested by the Information Regulator, the private body may furnish to the Regulator the information about requests for access to records of the body. And with public bodies, it’s a must.” 

Consequently, NEASA submits that the heads of private bodies, who are specifically requested by the Information Regulator to submit such a report, may do so if they please.

Should you require any further information or assistance in this regard, please contact your nearest NEASA Regional Branch.

For more information:
NEASA Media Department
media@neasa.co.za