South Africa’s Information Regulator (IR) has directed the Department of Basic Education (DBE) not to publish the 2024 matric results in newspapers as they have done in the past.
DBE in breach of POPI Act
The IR has established that the DBE was not compliant with Section 11 of the Protection of Personal Information (POPI) Act. Subsequently, it issued the DBE with an enforcement notice.
According to the IR, the DBE was in breach of the processing of personal information after failing to obtain the consent of learners, and that of their parents, or guardians to publish their matric results in newspapers.
As a result, the regulator has instructed the DBE not to publish the 2024 matric marks in newspapers, as reported by My Broadband.
Where should learners get their results?
The IR has suggested that the DBE should make matric marks available to learners using methods compliant with the POPI Act.
Learners should get their results directly from the school. Alternatively, learners should use a secure SMS service that will allow them to access their marks confidentially.
Will this change going forward?
It is important to note that, should the DBE wish to publish matric results in the newspapers in the future, it will have to obtain the necessary consent from matriculants, their parents or guardians.
The DBE will have to implement a system to do this.
What is the POPI Act?
The POPI Act governs South Africa’s data protection and privacy laws. Its jurisdiction also extends to the use of people’s personal information for unsolicited direct marketing or spam.
- The Act seeks to promote the protection of personal information. i.e.
- what is done to someone’s personal information,
- how someone’s personal information is processed or shared,
- who receives such information or with whom it is shared,
- what type of personal information is processed or shared, and
- why such personal information is processed or shared.
The processing of personal information includes collecting, receiving, recording, using, and distributing the information.
The POPI Act includes that people have the right to be protected against any unlawful collection, retention, dissemination, and also the use of their personal information.
Do you agree that the DBE should not publish the matric results in South African newspapers?
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