A year after the Information Regulator’s enforcement powers came into effect on 1 July 2021, it has finally established an enforcement committee to take on matters related to the Protection of Personal Information Act and the Promotion of Access to Information Act .
Popia requires every responsible party to appoint and register an information officer with the Information Regulator. The Enforcement Committee, which will be chaired by advocate Helen Fourie SC, with Simonè Margadie as the alternative chairperson, comprises 14 independent members with expertise in law, information security, education, finance accounting, auditing, actuarial science, forensics and criminal investigations.
The regulator has just completed its own investigation into municipalities and metros’ Paia manuals, which explain how the public can access records held by the body. Paia manuals have been compulsory since 1 January 2022. The findings of that investigation will be revealed next month, when the first enforcement notices are likely to be issued.
Failure to comply with an enforcement notice is a criminal offence and the Information Regulator does not have an appeal process — the only recourse is through the courts.