Public and private organisations may utilise online portals created by the Information Regulator to submit section 32 reports required under the Promotion of Access to Information Act 2 of 2000 (PAIA) and to register their information officers (IOs).
The regulator said in a statement issued on Friday that the online portals aim to increase efficiency since they would be user-friendly and provide short turnaround time for section 32 report filing and information officer registration.
“Manual applications will still be processed in order to account for unique situations. However, since using the portals is time and money efficient, we firmly advise both public and private organisations to do so.
“The Regulator acts in compliance with POPIA (Protection of Personal Information Act) and PAIA while exercising its authority and carrying out its duties.
Its goal is to “police and monitor compliance with the two pieces of law by public and private organisations, to guarantee information protection and efficient access to information for all individuals.
Section 32 of the PAIA report
Section 32 of the Constitution states that everyone has the right to access any information stored by the State as well as any information maintained by a third party that is necessary for the protection of any rights. PAIA puts this provision into practise.
Public entities, defined as any departments of state or administration in the national, provincial, and local governments or any other public institution exercising authority under the Constitution, are subject to the provisions of Section 32 of PAIA.
Any other organisation executing a public duty in accordance with any law is considered to be a public body.
The regulator must receive section 32 reports from the IOs every year.
By default, IOs serve as the director general, head of department, municipal manager, or head of any other public body. They also serve as the head of departments, administrations, and municipalities.
The Regulator stated that the report’s goal was to “give an account of the number of requests for access that were received, access that was granted fully, access that was granted in accordance with section 46 (mandatory disclosure in the public interest), access that was refused fully or partially, cases that were extended, internal appeals to relevant authority, and the number of internal appeals that were refused on the basis that an internal appeal was regarded as having been dismissed.”
The annual reports that are now required to be submitted cover the fiscal year 2021–2022. Annual reports from public entities must be sent in by September 9, 2022.
Information officers’ registration
The purpose of POPIA is to protect the privacy of individuals whose personal data is processed by public and private entities. It establishes minimum requirements for the lawful processing of personal data and requires information officers of public and private entities to designate and delegate any authority or responsibility to Deputy Information Officers (DIOs).
“Before an IO begins their responsibilities, public and private organisations must register their IOs with the Regulator using the registration site.
The eight Conditions for Lawful Processing of Personal Information are the responsibility of the IO, according to the Regulator.
Prior to 2021’s technological difficulties, the Regulator had established a manual registration method that was utilised while it was revamping the internet system.
It is recommended against re-registering public and private organisations that have already registered manually and got their certifications.
The site has been updated and now includes features for registering IOs, allowing for amendments, and updating information on the relevant entities.
“Public and private organisations should abide by these guidelines and use the provided portals. It should be emphasised that failure to comply with these legal criteria becomes a crime.
Contact PAIAComplaince@inforegulator.org.za with any further questions about the section 32 reports, and email Registration.IO@inforegulator.org.za with questions regarding IO registration.
The Regulator may also be reached at 010 023 5200 from 8 a.m. to 4 p.m. during business hours. The following URL will take you to the portals: https://inforegulator.org.za/portal