PAIA reports due end June 2024 – is the submission compulsory?

Who has to submit?

PAIA stipulates that public bodies must submit annual reports to the Information Regulator (IR).

However, despite the IR’s peremptory language in its communications, PAIA does not compel private bodies to submit these annual reports. Although there is no legal obligation imposed on private bodies to comply with this submission invitation, the IR encourages participation to aid in their data collection efforts.

Purpose and process of data collection by the IR

The primary objective behind this initiative is for the IR to collect data on the frequency of information access requests and to evaluate whether organisations have adequate processes to handle such requests.

By gathering this data, the IR aims to assess the effectiveness of current information regulation frameworks and identify areas for improvement. The submission process via the new portal is designed to be user-friendly, making it relatively straightforward for organisations to participate.

New portal for submission

The Information Regulator has launched a new online portal to streamline the submission process for annual reports under PAIA. This portal can be accessed via the IR’s website or directly through the IR’s eService portal at http://eservices.inforegulator.org.za. The submission window for the 2023/2024 financial year is open from 1 May 2024 to 12 July 2024.

Considerations prior to submission

The introduction of the new submission portal by the IR marks a significant step in enhancing transparency and data collection regarding access to information requests. Public bodies must recognise their mandatory obligation to submit annual reports under PAIA. In contrast, participation in this initiative by private bodies is not mandatory.

Private bodies should be aware that voluntary submission of their information opens up their processes and access requests to scrutiny and assessment and action by the IR. Information Officers are required to establish and maintain adequate processes to manage these requests.

Organisations considering submission should confirm that they are legally compliant before providing their information to the IR. This is essential to assess their risk profile and to make necessary rectifications to avoid further engagement with the IR.

In Summary

While the submission of PAIA reports by private bodies is not compulsory, it is encouraged by the IR. Public bodies, on the other hand, must comply with this requirement. The new portal provides a streamlined process for submission, aiding the IR in its efforts to improve information access regulations and organisational transparency.