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The Information Regulator has published an update to the existing Guide, compiled by the South African Human Rights Commission, in terms of section 10 of the Promotion of Access to Information Act of 2000 (PAIA).

The Guide which provides information that is needed by any person who wishes to exercise any right contemplated in PAIA and the Protection of Personal Information Act, 2013 (POPIA). It provides step-by-step process guidelines to persons (including data subjects) who wish to gain access to a record as well as the remedies available should access be refused.

As far as responding to a request for information, the mandatory and discretionary grounds for refusal of access to a record are set out.  In relation to the discretionary grounds, the principles which an Information Officer or Deputy Information Officer may consider in exercising the discretion have also been listed.

The Guide can be accessed from the Information Regulator’s website at: https://www.justice.gov.za/inforeg/docs.html.

Should you have any further queries please contact Melanie Hart at melanie@bv-inc.co.za.