Basic Education Department Fined R5 Million, Failed to Follow Information Regulator's POPIA Order

Basic Education Department Fined R5 Million, Failed to Follow Information Regulator's POPIA Order

  • The Department of Basic Education (DBE) has been hit with a R5 million fine by the Information Regulator
  • The regulator wanted the department to promise that it wouldn't publish the matric results in newspapers
  • South Africans are questioning why the Information Regulator can't tackle telemarketers the same way
Basic Education Minister Siviwe Gwarube's department is in hot water over the matric results.
Siviwe Gwarube's Basic Education Department has been fined R5 million by the Information Regulator over the matric results. Image: Jaco Marais/ @SABCNews
Source: Getty Images

The Department of Basic Education (DBE) has found itself in hot water.

The Information Regulator has fined the DBE R5 million for failing to comply with an enforcement order regarding publishing matric results.

The department was ordered to make an undertaking that it would not publish the 2024 matric results in the media.

DBE misses the deadline for undertaking promise

On 18 November, the DBE was ordered to make the undertaking, with the Information Regulator giving them 31 days to do so.

The regulator argued that publishing matric results in the media violated sections of the Protection of Personal Information Act (Popia).

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The regulator's spokesperson, Mukelani Dimba, explained that the department failed to abide by the enforcement notice within the stipulated time frame, leading to the fine.

“The enforcement notice had ordered the department to provide an undertaking that it will not publish the results of the 2024 matriculants in newspapers within 31 days from the date on which the order was served,” Dimba said.

They were also told to make the result available only using methods that were POPIA compliant.

The regulator also had the right to impose an administrative fine not exceeding R10m. The imprisonment of the responsible officials was also a possibility.

South Africans annoyed with Information Regulator

Social media users weighed in on the story, with many less concerned about the fine and more concerned that the organisation did nothing about telemarketers but could fine the DBE.

@zaidaboobaker said:

“I wish they could go this hard at the telemarketers.”

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@Aloisiathe1 added:

“They are not publishing any names, as I understand, only examination numbers.”

@Azhar_Casoo stated:

“No such thing as POPIA. If that were real, then we wouldn't be getting 500 spam calls a day.”

@sekgete said:

“Till today, I have been getting unsolicited messages and other marketing promotions from telemarketers. They are just a toothless organisation throwing a publicity stunt to sound relevant.”

@ingwejeje1980 stated:

“This kind of punishment must be consistent for any and all contraventions of POPIA. Misuse and intentional criminal behaviour by individuals and organisations with regard to personal information is rampant in this country.”

Matric results will be published in newspapers

Briefly News reported on 15 December the DBE applied to set aside an enforcement notice by the Information Regulator.

The regulator wanted to prevent local newspapers from publishing matric results, saying it violated POPIA.

The department said its appeal means that the regulator's enforcement notice to prevent the results from being published has been suspended.

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Source: Briefly News

Authors:
Byron Pillay avatar

Byron Pillay (Editor) Byron Pillay is a Current Affairs Editor at Briefly News. He received a Diploma in Journalism from the Caxton Cadet School. He spent 11 years covering a wide variety of news as a community journalist, including politics, crime and current affairs. He also was a Head of Department for Sports Brief, where he covered both local and international sporting news. Email: byron.pillay@briefly.co.za