PAIA and access to information held by private parties in a digital context
Date
2022-02-21
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
University of the Witwatersrand, Johannesburg
Abstract
This report deals with accessing information held by private companies. Access to information was an unreachable right in the previous Apartheid order. This position has shifted in our post constitutional dispensation. One such change is the inclusion of a clause whereby accessing information held by private companies is now possible. However, this access is on condition that such information is required for the protection or enjoyment of a right. Perusing the case law that focuses on this condition has given birth to different dimensions of understanding. These disparate dimensions of understanding when applied to different types of requesters and information offer valuable insights into a hypothetical request for information made to a private company. This analysis shows that despites glimmers of a generous interpretation of the threshold test, the courts seldomly depart from a restrictive interpretation.
Description
A resarch report submitted in partial fulfilment of the requirements for the degree of Master of Laws by Coursework and Research Report at the University of the Witwatersrand, Johannesburg
Keywords
Accessing information, Digital context, Private companies, PAIA, Information access, UCTD
Citation
Qaasim Akbar Ganey . (2022). PAIA and access to information held by private parties in a digital context [Master’s dissertation PhD thesis, University of the Witwatersrand, Johannesburg]. Wiredspace. https://hdl.handle.net/10539/38600