In this guide, we briefly set out the procedure to be followed for requests to access of records of private and public bodies in terms of the Promotion of Access to Information Act No. 2 of 2000 (“PAIA”) and the steps that are required to be followed if such a request is refused.
When access to records can be denied:
- Protecting the privacy of a third party
- Protecting the commercial information or research information of a third party
- Protecting confidential information in terms of an agreement
- Protecting the safety of a person or juristic person and their property
- Protecting information privileged from production in legal proceedings
- Protecting the interests of national security
When access to records cannot be refused:
- Where records are already publicly available
- Where the third party concerned has consented in writing to their disclosure
- Where the disclosure of records would reveal a serious breach of law, or a serious public safety or environmental risk and public interest outweighs potential harm to the public body (The public interest override)
This guide was authored by Partner Jesicca Rajpal, Associate Wesley Fletcher and Candidate Attorney Alyssa Farrand.
