PAIA and access to information held by private parties in a digital context

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.