Summary of Forms relating to the 

Protection of Personal Information Act (POPIA/POPI Act)

and

Promotion of Access to Information Act (PAIA)

 

Table of Contents

  1. Purpose of this document.
  2. Summary of POPIA and PAIA Forms Published by the Information Regulator.
  3. POPIA and PAIA Regulations.
  4. Revised PAIA Manual Templates.
  5. Correct as at February 2022.

 

1.       Purpose of this document

The purpose of this article is to provide a summary of the POPIA and PAIA forms that have been published by the Information Regulator, as well links to the forms on their website. We have also provided links to the POPIA and PAIA Regulations as well as to the updated PAIA Manual templates.

The summary has been provided in order to assist our clients with an easy reference to the forms as well as a summary of the context for each form.  The published forms are described in Table 1 below.

In addition to the forms, we have provided links to the POPIA and PAIA Regulations. These should be used for further information relating to the forms.

The Information Regulator has also made new PAIA Manual templates available which can be used to replace manuals based on the template provided by the SA Human Rights Commission prior to the transition of PAIA to the Information Regulator.   Links to these have also been provided.

This document has been compiled by Dr Peter Tobin (PTC) and John Cato (IACT-Africa) in order to assist our respective clients.

2.       Summary of POPIA and PAIA Forms Published by the Information Regulator

Table 1: Summary of POPIA and PAIA Forms

IRSA Form No

 Form Purpose Form Name Context and Recommended Action by IACT and PTC Applicable Law

Download Links

POPIA Forms
1 Objection to the processing of personal information Objection to the processing of personal information In terms of Section 11(3) of the Protection of Personal Information Act, 2013 (Act no. 4 of 2013)
  •  As a data subject, If you wish to object to the processing of personal information by an organisation, you must  use Form 1 to submit your objection;
  •  As a responsibility party, you should establish a process for enabling data subjects to submit an obligation using Form 1. This must be offered as a free service
 POPIA Form 1: Objection to the Processing of Personal Information
2 Request  for  correction  or  deletion  of  personal  information  or  destruction  or  deletion  of record of personal information Request for correction or deletion of personal information or destroying or deletion of record of personal information In terms of Section 24(1) of the Protection of Personal Information Act, 2013 (Act no. 4 of 2013)
  • As a data subject, if you wish to submit a request for the correction or deletion of personal information, you must submit the request to the responsible party using Form 2
  • As a responsible party you must establish a process for enabling data subjects to submit a request for the correction or deletion of using Form 2. . This must be offered as a free service
 POPIA Form 2: Request for Correction or Deletion of Personal Information or Destroying or Deletion of Record of Personal Information
3 Application for Issuing code of conduct Application for the issue of a code of conduct in terms of section 61(1) (b)  of the Protection of Personal Information Act, 2013  (Act no. 4 of 2013)
  • As an industry body or similar body, if you wish to apply for the issuing of a code of conduct, you must submit an application to the Regulator using Form 3
  • As a Responsible Party you should consider this form when motivating a Code of Conduct to your industry body
 POPIA Form 3: Application for the Issue of a Code of Conduct
4 Request for data subject’s consent to process personal information Application for the consent of a data subject for the processing of personal information for the purpose of Direct Marketing In terms of Section 69 (2) of the Protection of Personal Information Act, 2013 (Act no. 4 of 2013) As a Responsible Party if your organisation wishes to process the personal information of a data subject for the purpose of direct marketing by electronic communication, you must use this form to obtain a data subject’s consent POPIA Form 4: Application for the Consent of a Data Subject for the Processing of Personal Information for the Purpose of Direct Marketing
5 Submission of a complaint regarding interference regarding personal information Complaint regarding interference with the protection of personal Information/complaint regarding determination of an adjudicator in

Terms of section 74  of the Protection of Personal Information Act, 2013 (Act no. 4 of 2013)
  •  Any person who wishes to submit a complaint in terms of section 74 of the Act must submit such a complaint to the Regulator on Part I of Form 5
  • A responsible party or a data subject who wishes to submit a complaint must submit such a complaint to the Regulator on Part II of Form 5.
 POPIA Form 5: Complaint Regarding Interference with the Protection of Personal Information/Complaint Regarding Determination of an Adjudicator
Form 20 Request for an Internal Review and rules of procedure relating to the manner in which a complaint must be submitted and handled by the Information Regulator. Form 20: Request for an Internal Review
  • This document contains the rules of procedure relating to the manner in which a complaint must be submitted and handled by the Information Regulator. It also contains Forms for Seeking an Internal Review on page 36.  This should be used for submitting a request for a compliance review
 POPIA Form 20: Request for an Internal Review
No form no allocated by IRSA Application form for authorisation to process Special Personal Information.

 

 Application form for authorisation to process Special Personal Information This form should be used by a Responsible Party to obtain authorisation from the Information Regulator to process Special Personal information in terms of sections 26 and 27. POPIA Application form for authorisation to process Special Personal Information
No form no allocated by IRSA Application form for authorisation to process Personal Information of Children Application form for authorisation to process Personal Information of Children This form should be used to apply for authorisation to process the personal information of children where it is in the public interest to do so as per section 35 POPIA Application form for authorisation to process Personal Information of Children
No form no allocated by IRSA Exemption Application Form for requesting exemption from one or more of the conditions for lawful for lawful processing. Exemption Application Form This form should be used by a Responsible Party n organisation to request exemption from one or more of the conditions for lawful for lawful processing contained in POPIA. POPIA Exemption Application Form
No form no allocated by IRSA Application form for registering Information Officers and Deputy Officer. Application form for Registration of Information Officers.
  • This form can be used in order to apply for the registering an organisation’s Information Officers and Deputy Information Officer.
  • The registration of Information Officer and Deputy Information Officer will also be conducted using an online portal which will be made available via the Information Regulator’s website.

Note: The deadline and requirement for registering Information Officers was relaxed on 22 June 2021 in a Media Statement issued by the Information Regulator.  An announcement regarding a new online registration facility will be announced in due course.

As at February 2022, this is still correct.

 POPIA and PAIA Application form for Registration of Information Officers
No form no allocated by IRSA Application for a request for Prior Authorisation to process Application Form for Prior Authorisation
  • Responsible parties may submit their applications for prior authorisation by completing this form. Personal information which requires proper authorisation includes:
  • Processing any unique identifiers of a data subject where the personal information is going to be used for a different purpose than the purpose for which it was intended at collection;
  • Processing of information on criminal behaviour or unlawful or objectionable conduct on behalf of third parties;
  • Process information for purposes of credit reporting.  This applies to banks and other organisations who provide credit, loans, etc.

An extension for compliance with Section 58 (Prior Authorisation) has been given until February 2022.

 POPIA Application Form for Prior Authorisation
PAIA Forms
Form 01 (Regulation 2) Request for a PAIA Guide from the Regulator Request for a Guide from the Regulator This form should be used to request a Guide to PAIA from the Information Regulator.  The form makes provision for the guide to be provide in any of the official languages of South Africa. PAIA Form 01: Request for a Guide from the Regulator
Form 01 (Regulation 3) Request for a PAIA Guide from an Information Officer in a Public or Private Body Request for a PAIA Guide from an Information Officer This form should be used to request a Guide to PAIA from an Information Officer in a Public or Private Body. PAIA Form 01: Request for a Copy of the Guide from an Information Officer
Form 02 Request for Access to Record Request for Access to Record This form should be used to request access to a record held by a Public or Private body in terms of PAIA PAIA Form 02: Request for Access to Record
Form 04 Internal Appeal Form against decision of information of a public body Internal Appeal Form A complainant may lodge an internal appeal against a decision of the information officer of a public body as contemplated in section 75 (1) of PAIA on a form which corresponds substantially with Form 4 of Annexure A to the Regulations (PAIA Regulations) PAIA Form 04: Internal Appeal Form
Form 05 Submission of a complaint for regarding a PAIA request Complaint Form
  • This form is designed to assist the Requester or Third Party (referred to as “the Complainant”) in requesting a review of a Public or Private Body’s response or non-response to a request for access to records under the Promotion of Access to Information Act.
  • Form 05 should be submitted to the IRSA together with the supporting document listed in the form
 PAIA Form 05: Complaint Form
Form 13 Request for a PAIA Compliance Assessment PAIA Request for Compliance Assessment Form A request may be raised in terms of section 77 (h) of PAIA, requesting that the Information Regulator assess whether a public or private body generally complies with the provisions of PAIA insofar as its policies and implementation are concerned. PAIA Form 13: PAIA Request for Compliance Assessment Form

Email Addresses

The Information Regulator South Africa email addresses which should be used to submit the forms summarised above are:

Compliance:  POPIACompliance@inforegulator.org.za

Complaints:  POPIAComplaints@inforegulator.org.za

Compliance:  PAIACompliance@inforegulator.org.za

Complaints:  PAIAComplaints@inforegulator.org.za

3.       POPIA and PAIA Regulations

POPIA Regulations and PAIA Regulations have been gazetted and should be referred to for more information about the forms which have been listed above.   Download links for these from the Information Regulator’s website have been provided below.

PAIA Regulations of 2021

POPIA Regulations of 2018

4.       Revised PAIA Manual Templates

Revised PAIA Manual templates have been made available by the Information Regulator.  Download links for these are provided below:

PAIA Manual Template for a Public Body

PAIA Manual Template for a Private Body 

5.       Correct as at February 2022

Please note this document is not legal advice but is a practical interpretation to help Responsible Parties and their Information Officers and Data Subjects to make best use of the forms and Regulations

We hope this information will be of assistance to you. Please contact us if you have any questions regarding the forms.

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