The Information Regulator has circulated a Notice of NON-COMPLIANCE Emails on Sunday 31 August 2025 to all Information Officers, Deputy Information Officers and Admin Officers of registered entities on their online portal. The notice of non-compliance emphasises the importance of regulations 7.1 relating to the Promotion of Access to Information, 2021. Information officers are responsible for ensuring latest forms are being used to process information. The use of incorrect forms leads to Non-Compliance.
The Information Regulator of South Africa is an independent body established in terms of section 39 of the Protection of Personal Information Act 4 of 2013. It is subject only to the law and the constitution and it is accountable to the national assembly. The Information Regulator is among others, empowered to monitor and enforce compliance by public and private bodies with the provisions of the Promotion of Access to Information Act (PAIA), 2000 (Act 2 of 2000), and the Protection of Personal Information Act (POPIA), 2013 (Act 4 of 2013).
It was noted with concern that despite a notice being issued in 2021 regarding updated PAIA forms and a Compliance Notice reminder sent out in 2023, many public and private bodies are still using the repealed PAIA request Form A. The continued use of this outdated form constitutes non-compliance with Regulation 7.1 of the Regulations relating to PAIA, 2021. This regulation specifically requires that requests for access to records must be made using the prescribes Form 2 of Annexure A to the regulations.
The Regulator has highlighted that this ongoing non-compliance negatively affects access to information and hampers its ability to effectively investigate complaints. To address this, all information Officers, Heads of Private Bodies and Deputy Information Officers are instructed to ensure that only the prescribed Form 2 is provided and utilized for PAIA requests.
If you are not sure of your current compliance status contact our offices for a POPIA & PAIA compliance assessment. Take action now and avoid hefty penalties.
