South African Education Department Fined for Violating Data Protection Laws

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South African Education Department Fined for Violating Data Protection Laws
DATA PROTECTIONEDUCATIONSOUTH AFRICA
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The Department of Basic Education in South Africa has been fined R5 million for disobeying an order from the Information Regulator to stop publishing matriculation (high school graduation) results in national newspapers. The regulator cited violations of the Protection of Personal Information Act (Popia), arguing that publishing results in newspapers without proper consent breaches data privacy. The department was instructed to make results available through secure and compliant methods like direct collection from schools or a confidential SMS service.

The Department of Basic Education has been fined R5 million for failing to comply with an enforcement notice issued by the South African Information Regulator in November.

The notice ordered the DBE to vow not to publish the results in newspapers by 19 December, 31 days from the notice’s date. The Information Regulator informed the DBE that if it failed to abide by the notice, it would be liable to a fine of up to R10 million or to “imprisonment of the responsible officials.”

The DBE has yet to appeal this fine and has been given 30 days from 23 December to pay it or make arrangements with the Information Regulator to pay it in instalments.

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DATA PROTECTION EDUCATION SOUTH AFRICA PRIVACY LEGAL ISSUES

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