Matric results to be published in newspapers after all
The final matric results of the class of 2024 will be available to the public on the day of its release.
The Department of Basic Education's application, to overturn the enforcement notice issued by the Information Regulator concerning the release of matric results in the papers, has been granted.
Early last month, the Information Regulator has slapped the department of basic education with an enforcement notice, prohibiting the publication of matric results on public forums including newspapers and school bulletin boards. The regulator sited a potential violation of the Protection of Personal Information Act (POPIA).
The regulator's preliminary report concluded that the publication of the matric results, without the consent of the parents or guardians of the learners or the learners who are above the age of 18, is in violation of the POPI Act.
However, the department argues that the publication of the results in its current format, which only consists of the examination number and the results, is not information that relates to an identifiable learner.
READ: DBE yet to decide on publishing matric results
In a statement, the department says an enforcement notice under section 95(1) of the POPI Act can only be issued for past or present breaches of personal data protection. Therefore, the proactive enforcement notice, served by the Information Regulator, is invalid.
It further said that the Information Regulator cannot simply claim that the department has "failed to demonstrate" compliance with section 11(1) of the POPI Act. It must show actual non-compliance with the Act regarding past or present breaches of personal data protection before issuing an enforcement notice.
“The Information Regulator did not take into consideration the factors highlighted by the department in its court papers," said Basic Education spokesperson Elijah Mhlanga. "The department will therefore proceed to release the results in the newspapers, because with the appeal being lodged, it means the enforcement notice has now been suspended”.
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