(1) |
A requester or third party may only apply to a court for appropriate relief in terms of section 82 in the following circumstances: |
(a) |
After that requester or third party has exhausted the internal appeal procedure referred to in section 74; or |
(b) |
after that requester or third party has exhausted the complaints procedure referred to in section 77A. |
[Section 78(1) substituted by the Schedule: Laws Amended by Section 10, Protection of Personal Information Act 2013 (Act No. 4 of 2013), Notice No. 912, dated 26 November 2013]
(b) |
aggrieved by a decision of the relevant authority of a public body to disallow the late lodging of an internal appeal in terms of section 75(2); |
(c) |
aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of "public body" in section 1— |
(i) |
to refuse a request for access; or |
[Section 78(2)(e) inserted by the Schedule: Laws Amended by Section 10, Protection of Personal Information Act 2013 (Act No. 4 of 2013), Notice No. 912, dated 26 November 2013]
may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82.
[Words following Section 78(2)(e) substituted by section 28(a) of Act No. 42 of 2013 - effective 22 January 2014]
(a) |
that has been unsuccessful in an internal appeal to the relevant authority of a public body; |
(b) |
aggrieved by a decision of the information officer of a public body referred to in paragraph (b) of the definition of "public body" in section 1 to grant a request for access; |
(c) |
aggrieved by a decision of the head of a private body in relation to a request for access to a record of that body; or |
(d) that is aggrieved by any decision of the Information Regulator,
[Section 78(3)(d) inserted by the Schedule: Laws Amended by Section 10, Protection of Personal Information Act 2013 (Act No. 4 of 2013), Notice No. 912, dated 26 November 2013]
may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82.
[Words following Section 78(3)(d) substituted by section 28(b) of Act No. 42 of 2013 - effective 22 January 2014]
(4) |
An information officer or relevant authority of a public body or the head of a private body, as the case may be, aggrieved by a decision of the Information Regulator in terms of section 77E(2)(b) or (c) may, by way of an application, within 180 days apply to a court for appropriate relief in terms of section 82. |
[Section 78(4)inserted by the Schedule: Laws Amended by Section 10, Protection of Personal Information Act 2013 (Act No. 4 of 2013), Notice No. 912, dated 26 November 2013]