Tel: 011 397 0500
Email: email@example.com / firstname.lastname@example.org
Deputy Information Officer
Tel: 011 397 0500
PROMOTION OF ACCESS TO INFORMATION ACT (PAIA)
PAIA is legislation in the Republic of South Africa allowing access to any information held by the State, and any information held by private bodies that is required for the exercise and protection of any rights. It applies specifically to South Africa, but is part of the global drive towards freedom of information. The Act is enforced by the South African Information Regulator.
Section 32(1)(a) of the Constitution of the Republic of South Africa, 1996, determines that everyone has a right of access to any information held by the State. Section 32(2) of the Constitution provides for the enactment of national legislation to give effect to this fundamental right. PAIA is the national legislation contemplated in section 32(2) of the Constitution.
Section 9 of PAIA recognises that the right of access to information is subject to certain justifiable limitations aimed at, amongst others:
(a) the reasonable protection of privacy;
(b) commercial confidentiality;
(c) effective, efficient and good governance.
ACCESS TO THE LAWS
- The Promotion of Access to Information Act, 2000 (Act 2 of 2000)
- The Promotion of Access to Information Amendment Act, 2002 (Act 54 of 2002)
- GG 44479 GON 221, 23 Apr 2021 – Invitation for public comments on the Promotion of Access to Information Act, 2000 (Act 2 of 2000): Proposed draft Regulations relating to the Promotion of Access to Information. The comments on the draft Regulations must be submitted on or before 17 May 2021.
- SUMMARY OF PAIA & GUIDE LINES
- BMH PAIA MANUAL
THE PROTECTION OF PERSONAL INFORMATION ACT (POPIA)
POPIA aims to promote the protection of personal information processed by public and private bodies; … to regulate the flow of personal information across the borders of the Republic; and to provide the owners of the personal information, known as data subjects, with details about what is being done with their personal information. The Act is enforced by the South African Information Regulator.
Section 14 of the Constitution of the Republic of South Africa, 1996, states that everyone has the right to privacy, which includes the right not to have:
(a) their person or home searched;
(b) their property searched;
(c) their possessions seized; or
(d) the privacy of their communications infringed.
- 11 April 2014, Section 1, Part A of Chapter 5 (Sections 39 to 54), Sections 112 and 113 (Gazette 37544 if 11 April 2014)
- 1 July 2020, Sections 2 to 38, Sections 55 to 109, Section 111, Section 114(1), (2) and (3) (Gazette 43461 of 22 June 2020)
- 30 June 2021, Sections 110 and 114(4) (Gazette 43461 of 22 June 2020)
- 1 July 2021, Section 58(2) (Gazette 44383 of 1 April 2021)
ACCESS TO THE LAWS
- The Protection of Personal Information Act, 2013 (Act 4 of 2013)
- The Protection of Personal Information Act: Regulations: Information register (English / Afrikaans), GG 42110, RG 10897, GoN 1383, 14 Dec 2018
- Protection of Personal Information Act: Commencement of certain sections (English / Afrikaans), GG 43461, RG 11136, P 21, 22 Jun 2020.
- Sections 2 to 38; 55 to 109; 111; and 114(1), (2) and (3) shall commence on 01 July 2020 and sections 110 and 114(4) shall commence on 30 June 2021.
- BMH POPIA POLICY
DATA SUBJECT FORMS
Form 1 – Objection to the processing of personal information
Form 2 – Request for correction or deletion of personal information, or destruction or deletion of record of personal information
Form 4 – Opt in – Request for data subject’s consent to process personal information
Form 5 – Complaint
Form 5A – Internal Complaint
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