By Johnathan Paoli
While the Information Regulator (IR) has directed the Basic Education Department not to publish matric results on media platforms for the 2024 academic year, AfriForum has accused the IR of being unreasonable and is going to court, and the department is still weighing up its options.
The regulator has accused the department of non-compliance with the Protection of Personal Information Act. In its enforcement notice, issued last week, it determined that the department violated Section 11 of the Act by publishing matriculants’ personal information without consent.
IR spokesperson Nomzamo Zondi told Inside Education that there were other alternatives that would ensure compliance and privacy, such as providing results directly at schools or through secure SMS platforms.
The department has also been mandated to get prior consent from the 2025 matric cohort if results are to be published.
This directive follows a complex legal history.
In 2022, the DBE initially halted public matric result publications to align with the Act. However, AfriForum, Maroela Media and 2021 matriculant Anlé Spies, successfully challenged the decision in the North Gauteng High Court.
The court ruled that results could be published without names, using examination numbers instead.
While this addressed accessibility concerns, the IR maintains that the ruling did not address whether publishing results violates the Acts privacy standards.
On Monday, AfriForum reiterated its stance that publishing results with anonymised identifiers did not infringe on privacy.
Speaking to Inside Education, AfriForum’s head of cultural affairs, Alana Bailey, confirmed the organisation’s intent to contest the ban.
“It’s in the public’s interest to publish the information, especially for learners in rural areas who may face difficulties accessing their results otherwise,” Bailey said.
She highlighted the 2022 ruling as a precedent and emphasised AfriForum’s commitment to safeguarding student accessibility without breaching privacy laws.
While the department met its legal team over the weekend, there was no word on the way forward.
Department spokesperson Elijah Mhlanga did note that they were deliberating the next step, considering the legal and operational complexities.
He also pointed out the IR’s absence during the 2022 case, which left critical issues unresolved.
Mhlanga emphasised that any decision would aim to balance compliance with the Act and the public’s right to information.
The IR, led by Chairperson Pansy Tlakula, remains firm on its position.
The body, established under Popia, is tasked with ensuring the lawful processing of personal data in South Africa.
Zondi warned of severe penalties for non-compliance, including fines of up to R10 million or imprisonment of up to 10 years.
AfriForum’s legal challenge is expected to reignite debates about balancing privacy rights with public accessibility.
In 2022, the publication issue highlighted the challenges rural learners faced in retrieving results without public platforms.
The group also plans to engage Maroela Media as a potential co-litigant, leveraging their shared advocacy for transparency and access.
As the legal battle looms, stakeholders await clarity on how the department will navigate the conflicting demands.
The outcome could set a significant precedent for managing personal information in South Africa’s education sector.
While the 2024 matriculants anticipate their upcoming results, the decision underscores the evolving tensions between data privacy laws and practical considerations in a digital age.
INSIDE EDUCATION
