Accessible Law, Author at PAIA

Section 77C | Action on receipt of complaint

(1) The Information Regulator, after receipt of a complaint made in terms of section 77A, must –

(a) investigate the complaint in the prescribed manner;

(b) refer the complaint to the Enforcement Committee established in terms of section 50 of the Protection of Personal Information Act, 2013; or

(c) decide, in accordance with section 77D, to take no action on the complaint or, as the case may be, require no further action in respect of the complaint.

(2) During the investigation the Information Regulator may –

(a) act, where appropriate, as conciliator in relation to such complaint in the prescribed manner; or

(b) take such further action as is contemplated by this Chapter.

(3) The Information Regulator must, as soon as is reasonably practicable, after receipt of a complaint, advise the complainant and the information officer or head of a private body, as the case may be, to whom the complaint relates of the course of action that the Information Regulator proposes to adopt under subsection (1).

Section 77D | Regulator may decide to take no action on complaint

(1) The Information Regulator, after investigating a complaint received in terms of section 77A, may decide to take no action or, as the case may be, require no further action in respect of the complaint if, in the Information Regulator’s opinion –

(a) the complaint has not been submitted within the period referred to in section 77A(2) and there are no reasonable grounds to condone the late submission;

(b) the complaint is frivolous or vexatious or is not made in good faith; or

(c) it appears to the Information Regulator that, having regard to all the circumstances of the case, any further action is unnecessary or inappropriate.

(2) In any case where the Information Regulator decides to take no action, or no further action, on a complaint, the Information Regulator must inform the complainant of that decision and the reasons for it.

Section 77E | Pre-investigation proceedings of Regulator

Before proceeding to investigate any matter in terms of this Chapter, the Information Regulator must, in the prescribed manner, inform –

(a) the complainant of the Information Regulator’s intention to conduct the investigation; and

(b) the information officer of the public body or the head of the private body, as the case may be, to whom the complaint relates of the –

(i) details of the complaint; and

(ii) right of the information officer or the head to submit to the Information Regulator, within a reasonable period, a written response in relation to the complaint.

Section 77F | Settlement of complaints

If it appears from a complaint, or any written response made in relation to a complaint under section 77E(b)(ii), that it may be possible to secure a settlement between the parties concerned, the Information Regulator may, without investigating the complaint or, as the case may be, investigating the complaint further, in the prescribed manner, use its best endeavours to secure such a settlement.

Section 77G | Investigation proceedings of Regulator

(1) For the purposes of the investigation of a complaint the Information Regulator has powers similar to those of the High Court in terms of section 80 relating to the disclosure of records to it and non-disclosure of records by it.

(2) Section 81 of the Protection of Personal Information Act, 2013, applies to the investigation of complaints in terms of this Chapter.

Section 77H | Assessment

The Information Regulator, on its own initiative, or at the request by or on behalf of an information officer or head of a private body or any other person may make an assessment in the manner prescribed of whether a public or private body generally complies with the provisions of this Act insofar as its policies and implementation procedures are concerned.
The Information Regulator must make the assessment if it appears to be appropriate, unless, where the assessment is made on request, the Information Regulator has not been supplied with such information as it may reasonably require in order to –
1. satisfy itself as to the identity of the person making the request; and
2. enable it to identify the private or public body concerned.
The matters to which the Information Regulator may have regard in determining whether it is appropriate to make an assessment include –
1. the extent to which the request appears to it to raise a matter of substance;
2. determining that the request is not frivolous or vexatious; and
3. whether or not the person making the request is entitled to make an application in terms of this Act in respect of the information in question.
If the Information Regulator has received a request under this section it must notify the person referred to in subsection (1) –
1. whether it has made an assessment as a result of the request; and
2. of any view formed or action taken as a result of the request.

Section 77I | Information Notice

For the purposes of the investigation of a complaint the Information Regulator may serve the information officer or head of a private body with an information notice requiring said party to furnish the Information Regulator, within a specified period, in a form specified in the notice, with the information specified in the notice.
An information notice in terms of sub-section (1) must be accompanied by –
1. reasons for the issuing of the notice; and
2. particulars of the right to appeal conferred by section 78(4).
Section 90(3) to (9) of the Protection of Personal Information Act, 2013, applies to the serving of an information notice in terms of this Chapter.

Section 77J | Enforcement Notice

The Information Regulator, after having considered the recommendation of the Enforcement Committee, may serve the information officer of a public body or the head of a private body with an enforcement notice –
1. confirming, amending or setting aside the decision which is the subject of the complaint; or
2. requiring the said officer or head to take such action or to refrain from taking such action as the Information Regulator has specified in the notice.
A notice in terms of subsection (1) must be accompanied by –
1. reasons for the notice; and
2. particulars of the right to make an application to court conferred by Chapter 2 of this Part.
Section 95(3) to (5) of the Protection of Personal Information Act, 2013, applies, with the necessary changes, to the serving of an enforcement notice in terms of this Chapter.
A copy of the notice referred to in subsection (1) that has been certified by the Information Regulator is, for purposes of the application referred to in section 78, conclusive proof of the contents of the enforcement notice that has been served by the Regulator.

Section 77K | Non-compliance with Enforcement Notice

An information officer of a public body or head of a private body who refuses to comply with an enforcement notice referred to in section 77J, is guilty of an offence and liable upon conviction to fine or to imprisonment for a period not exceeding three years or to both such a fine and such imprisonment.

Section 78 | Applications RE decisions of relevant authorities or Regulator

A requester or third party may only apply to a court for appropriate relief in terms of section 82 in the following circumstances:
1. After that requester or third party has exhausted the internal appeal procedure referred to in section 74; or
2. after that requester or third party has exhausted the complaints procedure referred to in section 77A.
A requester—
1. that has been unsuccessful in an internal appeal to the relevant authority of a public body;
2. aggrieved by a decision of the relevant authority of a public body to disallow the late lodging of an internal appeal in terms of section 75(2);
3. aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of ‘public body’ in section 1—
  1. to refuse a request for access; or
  2. taken in terms of section 22, 26(1) or 29(3);
4. aggrieved by a decision of the head of a private body—
  1. to refuse a request for access; or
  2. taken in terms of section 54, 57(1) or 60; or
5. that is aggrieved by any decision of the Information Regulator, may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82.
A third party—
1. that has been unsuccessful in an internal appeal to the relevant authority of a public body;
2. aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of ‘public body’ in section 1 to grant a request for access;
3. aggrieved by a decision of the head of a private body in relation to a request for access to a record of that body; or
4. that is aggrieved by any decision of the Information Regulator,
  may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82.
An information officer or relevant authority of a public body or the head of a private body, as the case may be, aggrieved by a decision of the Information Regulator in terms of section 77E(2)(b) or (c) may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82.
[Section 78 amended by section 28 of Act 42 of 2013]
[Section 78 substituted by section 110 (Schedule) of Act 4 of 2013]

[Full name of section 78: Applications RE decisions of information officers or relevant authorities of public bodies or heads of private bodies or Regulator]