Pretoria: The Information Regulator has announced its intention to review the recent court decision that dismissed its application to prevent the publication of matriculation results.
According to South African Government News Agency, the Pretoria High Court's full bench set aside the regulator's Enforcement Notice, which was initially issued against the Department of Basic Education (DBE) on November 18, 2024. This notice followed an assessment revealing that the DBE's handling of learners' personal information breached the Protection of Personal Information Act (POPIA). The primary concern was that publishing results in newspapers could compromise the privacy of the students.
The Enforcement Notice required the DBE to confirm that it would refrain from publishing the 2024 matric results in newspapers within 31 days and to ensure the results were accessible to students via POPIA-compliant methods. However, the DBE failed to comply, prompting the regulator to issue an Infringement Notice and impose a R5 million fine on the DBE.
In response, the regulator sought an interdict from the Pretoria High Court to prevent the publication, but the DBE contested the regulator's decision, leading to the court proceedings. The regulator expressed disappointment at the unfavorable judgment and indicated plans to study the ruling to decide on future actions.
The Information Regulator emphasized the significance of judicial processes in clarifying aspects of POPIA, particularly regarding the responsibilities of entities in adhering to regulatory orders and safeguarding personal data. Further announcements are anticipated as the regulator determines its next steps.