The Information Regulator has expressed its disappointment following a Gauteng High Court, Pretoria decision that dismissed an urgent application aimed at halting the Department of Basic Education from publishing the matric results in newspapers.
The ruling, delivered by Judge Ronel Tolmay, has significant implications for the protection of personal information of matriculants in South Africa.
On 8 January 2025, the Regulator sought to ensure compliance with the Protection of Personal Information Act, arguing that releasing matric results without proper safeguards would violate the rights of individuals whose exam numbers and results would be published. Despite the urgency of the matter, the court found that the Regulator’s concerns were not substantiated, allowing the department to proceed with its intentions.
In a statement released shortly after the ruling, the Regulator noted that although the decision was not in its favour, it welcomed the judicial processes that could clarify the obligations of responsible parties under Act. The Regulator emphasised the importance of protecting the personal information of data subjects, particularly in contexts like these where young people’s educational outcomes are at stake.
According to the Regulator, the High Court’s decision allows the department to continue its publication of the 2024 matric results, despite the ongoing non-compliance with previous orders issued by the Regulator. “The Regulator maintains that processing personal information by publishing these results remains unlawful unless there is compliance with our directives,” it stated in the statement.
"While the ruling permits the department to move forward with the publication, it does not nullify the existing orders from the Regulator, which the department is still obliged to follow. As it stands, if the department publishes the results as planned, it will still face consequences for failing to comply with the Regulator’s requirements."
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