Ensure Compliance with the Information Regulator’s PAIA Annual Report for 2024/2025
What is the Section 83(4) PAIA Annual Report all about?
Section 83(4) of PAIA empowers the Information Regulator to request the head of a private body (HPB) or Deputy Information Officer (DIO) to submit an annual report detailing requests for access to records held by the private body. This report provides data on how private bodies handle information access requests, ensuring compliance with PAIA and promoting the constitutional right to access information (as per Section 32 of the South African Constitution).
Unlike the Section 32 PAIA report, which is a compulsory requirement for public bodies, the Section 83(4) report applies to private bodies. Although earlier interpretations suggested that private bodies “may” submit these reports at the Regulator’s request, recent notices (as of 2023 and 2024) have clarified that submission is mandatory for all private bodies, not optional, despite the term “invitation” sometimes used by the Regulator.
Important Notice for Healthcare Practices
The Information Regulator has issued a mandatory notice requiring all private bodies, including healthcare practices, to submit their Section 83(4) PAIA Annual Report for the 2024/2025 financial year, as mandated by the Promotion of Access to Information Act (PAIA) 2 of 2000.
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Submission Window: 1 April 2025 – 30 June 2025
Purpose of the Section 83(4) PAIA Report
The report serves the following purposes:
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Promoting Transparency: It holds private bodies accountable for handling information access requests, aligning with PAIA’s goal of fostering openness.
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Monitoring Compliance: It allows the Information Regulator to assess whether private bodies comply with PAIA’s requirements, including timely responses and proper procedures.
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Tracking Information Access Trends: The report provides data on the number, type, and outcomes of access requests, helping gauge public awareness and usage of PAIA.
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Supporting the Regulator’s Annual Report: The data may be included in the Regulator’s annual report to the National Assembly, as per Section 84 of PAIA.
Consequences of Non-Compliance
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Compliance Assessments: Failure to submit by the deadline may trigger a PAIA compliance assessment under Section 77H, involving document reviews, inspections, or enforcement actions.
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Legal Accountability: Non-compliance is a contravention of PAIA, potentially leading to penalties or scrutiny. For auditors, non-compliance may trigger NOCLAR reporting obligations.
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Information Notices: Incomplete or inaccurate reports may result in the Regulator issuing an information notice requiring additional details.
Key Components of the Section 83(4) PAIA Report
he report requires private bodies to provide detailed information about access to information requests received and processed during the financial year (1 April to 31 March). Key components include:
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Number of requests received: Total requests for access to records.
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Requests granted in full: How many requests were fully approved.
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Requests granted under Section 46: Access granted in the public interest, even if exemptions apply.
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Requests refused (fully or partially): Number of refusals and the specific PAIA provisions relied upon for refusal.
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Time extensions: Cases where response times were extended beyond PAIA’s stipulated periods.
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Internal appeals: Number of appeals lodged and their outcomes.
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Complaints and legal actions: Any complaints lodged with the Information Regulator, reviews, or court applications related to access requests
Why It Matters?
Submitting the PAIA Annual Report is a legal requirement for all private bodies. Failure to comply may result in penalties, reputational damage, or regulatory scrutiny from the Information Regulator. It also demonstrates your practice’s commitment to transparency and compliance with the Protection of Personal Information Act (POPIA).
Action Required: Two Options to Comply
Option 1: Submit Independently
You can complete the submission process yourself by following these steps:
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Access the Information Regulator’s e-Services Portal at eservices.inforegulator.org.za or via the “eServices” banner on inforegulator.org.za.
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Register your practice on the portal.
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Register or migrate your Information Officer (if previously registered between August 2022 and April 2024).
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Complete and submit the PAIA report questionnaire on the e-Services Portal.
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Verify your submission status: Green = Submitted, Red = Not Submitted.
Option 2: Let Assent Compliance Handle It for You
At Assent Compliance, we take the stress out of compliance. Our expert team will manage the entire process for you, ensuring accuracy and peace of mind. Simply click the “Skip the Hassle, Let Us Help You” button below to get started.
Our Services Include:
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Registering your practice on the e-Services Portal.
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Registering or migrating your Information Officer.
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Preparing and submitting your Section 83(4) PAIA Annual Report.
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Ensuring POPIA compliance using the portal’s self-assessment tool.
Cost: R 500.00 (VAT included)
Click the button below, and we’ll send you a simple form to complete.
Act Now to Stay Compliant
Don’t risk non-compliance. Whether you choose to submit independently or let us handle it, ensure your PAIA Annual Report is submitted by 30 June 2025. Contact us at advmarais@assentcompliance.co.za if you have any questions or need further assistance.
Assent Compliance – Your trusted partner in regulatory compliance.