Over the past week, ENS has been inundated with urgent requests
for advice after receiving, or becoming aware of, the Information
Regulator's latest "Notice of Non-Compliance with
Regulation 7.1 of the Regulations Relating to the Promotion of
Access to Information, 2021" dated 28 August 2025. Because the
notice is addressed "TO: ALL INFORMATION OFFICERS,
HEADS OF PRIVATE BODIES AND DEPUTY INFORMATION
OFFICERS," it is not aimed at any single
organisation; rather, it serves as a sector-wide warning that the
Regulator's tolerance for procedural defects under the
Promotion of Access to Information Act 2 of 2000
("PAIA") has run its course.
Below we unpack the notice, explain why the Regulator's
position matters, and outline practical steps that public and
private bodies should be taking – with our assistance where
required – to bring their PAIA manuals and related
documentation into full alignment with PAIA, the Protection of
Personal Information Act 4 of 2013
("POPIA