Protection of Personal Information & the Right to Access to Information in South Africa.

Disclaimer & Website Terms of Use


   

PAIA Exemptions

Section 51 PAIA (which was profoundly amended by POPIA) requires all private companies to make a “Manual” available on their website, at the office and to anyone who requests it.

However, most companies have been exempted from this obligation by the Minister up until 30 June 2021. It is so far unclear what happens after that date.

We advise our clients to make a POPIA & PAIA manual publicly available before 1 July 2021, because the Manual is required in terms of Access to Information (PAIA) and in terms of Personal Information (POPIA); because data controllers need to make available prescribed steps for how to request access to, or amendments and deletion of personal information; because Regulation 4(c) instructs information officers to ensure that “a manual is developed, monitored, maintained and made available” and the Information Regulator has advised that Regulation 4 is effective from 1 May 2021; and because it is unclear whether the Minister’s exemption will be extended while POPIA comes into full effect on 1 July 2021.

 

Your company is NOT exempted, and is legally required to make a POPIA & PAIA manual available, if:-

(1) the company trades in one of the sectors listed below AND employs 50 or more people OR (2) trades in one of the sectors listed below AND has an annual turnover as listed per sector below or more.

  • Sector

  • Annual Turnover

  • Agriculture

  • R 6 million

  • Mining and Quarrying

  • R 22.5 million

  • Manufacturing

  • R 30 million

  • Electricity, Gas and Water

  • R 30 million

  • Construction

  • R 15 million

  • Retail and Motor Trade and Repair Services

  • R 45 million

  • Wholesale Trade, Commercial Agents and Allied Services

  • R 75 million

  • Catering, Accommodation and other Trade

  • R 15 million

  • Transport, Storage and Communications

  • R 30 million

  • Finance and Business Services

  • R 30 million

  • Community, Special and Personal Services

  • R 15 million