OVERVIEW
ODAC has undertaken a number of interventions in terms of our parliamentary work in South Africa this year. As the custodian of Information laws in South Africa, we devote our resources to engaging with parliament as a resource center in their work in either amending Statutory Acts or passing Bills into law. In the past year, ODAC engaged with Parliament on the Promotion of Access to Information Act (PAIA), The Protection of Personal Information Bill and the Protection of Information Bill.
A. PROMOTION OF ACCESS INFORMATION ACT (PAIA)
November 2009, ODAC organized a successful study trip for members of parliament in the Portfolio Committee on Justice and Constitutional Development to the UK Information Commission regarding the Protection of Personal Information Bill.
The trip was a learning experience on how the Information Regulator to be established in terms of the Bill can exercise the dual mandate of protecting personal data and exercising enforcement powers over the Promotion of Access to Information Act.
Flowing from this successful study trip, the Chairperson of the Ad hoc Committee on the Protection of Personal Information Bill, Mr. John Jeffrey, met the management of ODAC on a number of occasions to discuss our proposal that Parliament should extend the powers of the Information Regulator in terms of the Bill to cover PAIA matters.
The result of this meeting culminated in a request by the Ad hoc Committee that we should make a submission on the re-allocation of the institutional mandate of the South African Human Rights Commission with regards to PAIA.
ODAC’s position in this submission is that PAIA can only be effective if an independent information commission has enforcement powers to adjudicate on disputes relating to the release or non-release of information. This position is based on the current judicial enforcement model of PAIA that makes the disputes on access to information expensive and time consuming.
B. PROTECTION OF INFORMATION BILL
ODAC was the first to appear before the Ad hoc Committee on the Protection of Information Bill to elaborate on our submission on the proposed changes we advocated before the Bill is passed into law. ODAC’s position in the Submission is based on 3 main factors:
- We want a re-definition of certain phrases in the Bill, most significantly, “national interest” and “commercial information”
- We favour the inclusion of a public interest override in the classification of information
- We want an independent oversight body to deal with the Bill.
C. PROTECTION OF PERSONAL INFORMATION BILL (PPI)
Aside from the submission made to Parliament on PAIA amendment and the Protection of Personal Information Bill, ODAC has also worked extensively and closely with Parliament on the Protection of Information Bill.
ODAC has also made subsequent submissions to Parliament on the Protection of Information Bill regarding the tagging of the Bill in its presentation to Parliament as a S75 Bill in terms of the Constitution rather than a S 76 Bill.
ODAC remains steadfast in our commitment to achieve a truly open and transparent South Africa.
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