4.1. When Access to Information may be Refused This section will provide an overview on when access to information may be refused under PAIA, and a guide on how to apply the rules that permit an information officer to refuse a request. PAIA lists 12 grounds under which access to information may be refused by an information officer of a public or private body, some of which are mandatory and some of which are discretionary (see section 4.2. below for further information). In addition PAIA creates a public interest clause which effectively overrides any of the grounds of refusal of access to information, should the public interest in the information be of greater concern. (See section 4.4 below for further information). Balancing the right of access to information with other rights GENERAL RULE The right of access to information is found within the Bill of Rights of the South African Constitution and, in order to give effect to this right, access to information should be granted as often as possible. EXCEPTION Like many other rights contained in the Bill of Rights, the right of access to information can be limited or refused in certain circumstances. PAIA was established in large part to detail the grounds under which information requests may be refused, and therefore the right of access to information is limited. South African Human Rights Commission 46