South Africa’s Information Regulator (IR) has directed the DBE not to publish the 2024 matric results in newspapers due to the Protection of Personal Information (POPI) Act. Subsequently, it issued the DBE with an enforcement notice.
However, the Department of Basic Education (DBE) does not agree. It argues that publishing the matric results in the media accommodates learners and does not violate the POPI Act.
What is the POPI Act?
The POPI Act governs South Africa’s data protection and privacy laws. It also covers the use of people’s personal information for unsolicited direct marketing or spam.
The Act seeks to promote the protection of personal information. It includes stipulations relating to the processing and sharing of someone’s personal information. Also, the reason for processing or sharing is included. The processing of personal information includes collecting, receiving, recording, using, and distributing the information.
DBE’s stance on the publication of results
Dr Rufus Poliah, the DBE Director of Assessment and Examinations, said that according to legal advice that the Department received, the DBE should accommodate learners by releasing the results in the media. This is because many learners are not near their schools at the time that the results are available.
Although the IR argues that the DBE will be in violation of the POPI Act if publishing the matric results in the media, Poliah argues that the matric results appear anonymously using only the learners’ unique examination numbers and thus it is not in breach of the Act.
In an interview with ENCA, Basic Education Minister Siviwe Gwarube stated that the DBE will publish the 2024 matric results in newspapers in January 2025, using pupils’ exam numbers.
AfriForum agrees with the DBE
According to Alana Bailey, AfriForum’s head of cultural affairs, it is in the members of the public’s interest if the DBE publishes matric results on public platforms.
‘To see it as a violation of individuals’ right to privacy does not make sense as only examination numbers appear in the media,’ she said.
Does publishing the 2024 matric results in the media go against the POPI Act?
Should the DBE get consent from learners or their parents, or is it not necessary?
Let us know by clicking on the comment tab below this article.
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