High Court sets aside R5 million fine against Department of Basic Education over matric results publication

The Information Regulator (Regulator) has expressed its disappointment following a recent ruling by the full bench of the Pretoria High Court, which annulled both the Regulator’s Enforcement Notice and the accompanying Infringement Notice that imposed a hefty fine of R5 million against the Department of Basic Education (DBE).

This fine was levied in late 2024, spurred by the department's non-compliance with directives pertaining to the publication of matric results in newspapers.

The Regulator's enforcement action stemmed from concerns over the protection of personal information, especially that of matriculants whose data was subject to sensitive handling.

The High Court’s decision has raised significant questions regarding compliance with the Protection of Personal Information Act (POPIA) and the obligations placed upon entities that manage personal data.

In a statement, the Regulator acknowledged its disappointment with the court's judgment but reiterated the critical role judicial oversight plays in clarifying aspects of POPIA.

"We remain committed to emphasising the responsibilities of all responsible parties in safeguarding personal information. This is particularly pertinent when it involves the data of individuals in vulnerable positions, such as the students affected in this case," the Regulator's spokesperson remarked.

While the judgment is seen as a setback, the Regulator maintains a forward-looking stance, indicating its intention to thoroughly review the court's ruling in conjunction with its legal team.

"We will study the judgment to determine our next course of action," the spokesperson added, hinting at possible future measures to uphold data subject rights and advocate for rigorous adherence to regulatory guidelines.

IOL