ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT
(as amended January 2008)
(9) Any person aggrieved by any order or determination of the Commission made in terms
of section fifty-two A or fifty-two B49 may, within twenty-eight days after being notified of that
order or determination, appeal to the Administrative Court.
PART X
REVIEWS BY THE COMMISSION
53 Right to request a review
(1) A person who makes a request to a head of a public body, other than the Commission,
for access to a record or for correction of personal information may request the Commission to
review any decision or act of the head of that public body that relates to that request.
(2) A third party notified of a decision to give access may request the Commission to review any decision made by the head of the public body.
54
Procedure for seeking review
(1) For the purposes of this section, the failure by a head of a public body to respond within
the time limit to a request for access to a record shall be deemed to be a decision to refuse access to the record.
(2) A person requesting a review in terms of this Part shall make such request, in writing,
to the Commission.
(3) A request for a review of a decision of the head of a public body in terms of subsection
(1) shall be made within thirty days from the date of the decision:
Provided that the Commission may allow a longer period upon a request made to the
Commission for the extension of the period.
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Notice of review
The Commission shall, on receiving a request for a review, give a copy of the request to the
head of the public body and any other person that the Commission considers appropriate
56
…50
57
Onus of proof
(1) At an inquiry into a decision to refuse an applicant access to all or part of a record, the
head of the public body shall bear the onus of proving that the applicant has no right of access to
the record or part thereof.
(2) If the record or that part that the applicant is refused access to contains personal information about a third party, the applicant shall bear the onus of proving that disclosure of the
information would not be an unreasonable invasion of the third party’s personal privacy.
(3) At an inquiry into a decision to give an applicant access to all or part of a record containing information that relates to a third party, the third party shall bear the onus of proving that
the applicant has no right of access to the record or part thereof.
49
This is section 52B. The reference should, therefore, be to "this section".
50
Section repealed by s. 8 of Act 5/2003.
36
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