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
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