The Information Regulator published a notice on 7 May 2023, inviting all private bodies to submit a report by Friday, 30 June 2023, detailing requests for access to the records of these private bodies
Whom the Information Regulator requested reports from:
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Natural persons who are/have previously carried on any trade, business, or profession, but only in such capacity.
-
Partnerships that are/have previously carried on any trade, business, or profession.
- Former or existing
juristic persons (including external companies/foreign companies).
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Political parties.
Consequences of non-compliance
It is not clear what the consequences of non-compliance with the notice are, however, the Information Regulator could potentially serve the head of the private body/information officer with an enforcement notice. Should an information officer or head of the private body fail to comply with the enforcement notice, he/she may be liable for a fine or imprisonment, or both. Moreover, the Information Regulator may conduct a compliance assessment on private bodies that fail to comply.
Next steps
- Prepare your report, which must include:
- all requests for access to records you hold;
- whether the requests for access to information were responded to within the time frames stipulated in the Promotion of Access to Information Act; and
- any internal appeals and the outcomes of those appeals.
- Submit your report on the online portal, accessible at
https://registrations.inforegulator.org.za/landing.
- Once on the online portal, you will be required to either sign up or sign in.
Our Data Protection & Information Management, Intellectual Property and Technology experts are available to assist private bodies with the preparation of the report and provide guidance through the submission process.
