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PAIA / Sections / Section 21
Section 21

Preservation of records until final decision on request

Part 2 · Access to Records of Public Bodies · Chapter 3 — Manner of Access

If the information officer of a public body has received a request for access to a record of the body, that information officer must take the steps that are reasonably necessary to preserve the record, without deleting any information contained in it, until the information officer has notified the requester concerned of his or her decision in terms of section 25 and— (a) the periods for lodging an internal appeal, a complaint to the Information Regulator, an application with a court or an appeal against a decision of that court have expired; or (b) that internal appeal, complaint to the Information Regulator, application or appeal against a decision of that court or other legal proceedings in connection with the request has been finally determined, whichever is the later.

[S 21(a) substituted by s 110 of Act 4 of 2013 with effect from 30 June 2021.] [S 21(b) substituted by s 110 of Act 4 of 2013 with effect from 30 June 2021.]
preservation of recordsno deletionappealspublic body
Beyond the text

What this means in practice

  • Once a request is received, the body must preserve the record intact — no deleting anything — until the decision and all appeal/complaint/court periods have run out.
  • Destroying a requested record while a challenge is live is exactly what this section forbids.
Relevant tool

PopiGuard puts a preservation hold on requested records automatically, so nothing is lost while a request or appeal is live.

See PopiGuard →