The Pretoria High Court has reserved judgment in a pivotal case concerning the publication of matric results in newspapers. The Information Regulator is seeking to prevent the Department of Education from publishing the results, arguing that doing so violates students’ right to privacy under the Protection of Personal Information Act (POPIA). The case follows a legal challenge where the Information Regulator contends that traditional practices, such as publishing exam results in public forums, must be reconsidered in light of modern privacy laws.
Mfana Gwala, a representative of the Information Regulator, emphasized that the right to privacy is paramount in today’s digital age. “We live in the era of POPIA, and traditional practices must be adjusted to comply with the framework of protecting personal information,” Gwala said after the court proceedings. He stressed that the rights of children, particularly those who may face harm from public exposure of their academic results, must be respected. The regulator is hopeful that the court will confirm its powers to enforce privacy protection and prevent the Department of Education from continuing its practice.
However, the Department of Education remains steadfast in its stance. Elijah Mhlanga, spokesperson for the department, stated that while the Information Regulator has raised concerns, the department will continue to publish the results unless a court order dictates otherwise. “We stand by the judgment handed down on 18 January 2022,” Mhlanga said. He acknowledged that the court could rule against the department, but emphasized that they will abide by whatever decision is made.
The outcome of this case could set a significant precedent for how personal information, especially concerning minors, is handled in South Africa. As the court deliberates, the Information Regulator is hoping for a ruling that affirms its authority and strengthens the protection of students’ personal data in the digital age. The education department, on the other hand, is preparing to comply with whatever legal ruling is handed down, keeping the issue of public access to academic results at the forefront of the ongoing debate.
