2.5
Automatically available information
held by a private company or body
Much the same applies to this category of information available automatically as applies to
information in the hands of a public body without having to make a formal request. Before
making a formal request for information in terms of PAIA which will likely involve a fee and
a 30 day waiting period, it is important to ascertain whether this information has already
been disclosed and is therefore available automatically without having to make the formal
request.
The head of a private body may, on a voluntary and periodic basis, develop a list of
information that is automatically available from the private body without you having to
make a formal request. This list is called a ‘section 52 notice’ or a ‘voluntary disclosure
notice.’
Unlike the situation facing the public body information officer where, in terms of PAIA,
he/she must publish a voluntary disclosure notice, an information officer of a private
body is not obligated to do so. As PAIA states, he/she “may, on a voluntary basis”
publish such a list. This is the major difference between the section 52 notice for
private bodies and the section 15 notice for public bodies.
The voluntary disclosure notice of a private body contains categories of records and a
description of those records that are automatically available:
For inspection in terms of any legislation other than PAIA;
For purchase or copying from the public body; and
From the public body free of charge.
The voluntary disclosure notice must also describe how to access the records that are
voluntarily disclosed and automatically available.
South African Human Rights Commission
27
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