The Information Regulator says it is “disappointed”, after its bid to block the publication of matric results was set aside by the Pretoria High Court.
This after the decision by the full bench of the Pretoria High Court, to set aside the Regulator’s enforcement notice and the infringement notice, carrying a fine of R5 million, that the information watchdog had issued in late 2024 against the Department of Basic Education (DBE).
The enforcement notice was issued on 18 November 2024 following a finding from an assessment of how the department processes the personal information of learners who sit for matriculation exams. The assessment found that the DBE’s practices were in violation of the Protection of Personal Information Act (POPIA) provisions, particularly the manner of publication of the results, which the Regulator deems likely to compromise the personal information of learners. The enforcement notice ordered the DBE to provide an undertaking that it will not publish the results of the 2024 matriculants in the newspapers within 31 days from the date on which the order was served. It also ordered that the department “must not publish the results for the 2024 matriculants in newspapers and must make these results available to the learners using methods that are compliant with POPIA.” However, the DBE did not comply with the enforcement notice, thus forcing the Regulator to issue an Infringement Notice against DBE, in which it ordered the DBE to pay an administrative fine of R5 million following its failure to comply with the Enforcement Notice. The Regulator approached the Pretoria High Court for an interdict against the publication of the matriculation results, while the DBE appealed the decision of the Regulator, and the matter was argued in the High Court (Gauteng Division, Pretoria).
In a statement issued on Friday, the Regulator says it is disappointed that the court’s judgment was not in its favour.
“The Regulator has previously expressed the importance of judicial processes that may help to illuminate certain aspects of POPIA, particularly on the issue of the obligations of responsible parties in complying with the orders of the Regulator and in protecting personal information that they hold about data subjects, such as the matriculants in this case,” it says.
The Regulator says it will study the judgment in order to determine the next course of action. Further announcements will be made in due course.
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