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Guide

Regulations Relating to PAIA 2021

Fasken
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Overview

DEVELOPMENT:
 
On 27 August 2021, the Minister of Justice and Correctional Services published under section 92 of Promotion of Access of information Act, 2000 (“PAIA”) the new PAIA Regulations repealing and replacing the previous regulations that were issued in terms of PAIA.
 
HERE'S WHY:
 
The Information Regulator was established in terms of section 39 of Protection of Personal Information Act, 2013 (“POPIA”). This precipitated the need for the new PAIA Regulation so as to align the previous PAIA Regulations with POPIA. As of 1 July 2021, the Information Regulator took over the administration and enforcement of PAIA from the South African Humans Rights Commission (“SAHRC”), making it the custodian of PAIA and POPIA.
 
MEANING THAT:
 
The Information Regulator amongst others, is empowered to monitor and enforce compliance with the provisions of PAIA and POPIA by both public and private bodies.
 
DEADLINE:
 
1 JANUARY 2022 DEADLINE - As of 31 December 2021 the exemption applicable to smaller private bodies that were exempted from publishing Manuals in terms of PAIA, will expire.
 

PAIA Infographic PDF

Contact the Authors

For more information or to discuss a particular matter please contact us.

Contact the Authors

Authors

  • Rakhee Bhoora, Partner | Litigation and Dispute Resolution, Johannesburg, +27 11 586 6076, rbhoora@fasken.com
  • Barr-Mary Tyzack, Senior Associate | Litigation and Dispute Resolution, Johannesburg, +27 11 586 6012, btyzack@fasken.com

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