South Africa’s Information Regulator has instructed the Department of Basic Education (DBE) to refrain from publishing the 2024 matric results in newspapers. Their directive follows an enforcement notice issued by the Regulator, which found the DBE in violation of the Protection of Personal Information Act (POPI Act).
A total of 732,448 full-time candidates registered for the 2024 NSC exams, an increase of 8,400 compared to 2023. 136 195 part-time candidates are registered to sit for various subjects this year.
The final matric examination period will conclude during the final week of November 2024. Matriculants can collect their matric results on Friday, 16 January 2025. Results can be collected at their school, examination centre or accessed online.
The DBE was deemed to have failed to obtain consent from learners and their parents or guardians before publishing their matric marks in newspapers.
The IR found that the department was not compliant with section 11 of POPIA and was in breach of the conditions for the lawful processing of personal information by failing to obtain consent for the publication of matric results from the pupils or parents/guardians of pupils who sat for the 2023 national senior certificate examinations.
The Regulator determined that the DBE lacked legal grounds to continue publishing the results in newspapers.
Instead, they recommend that matric results be made available to learners through POPI Act-compliant methods, such as directly from the school or via a secure SMS service.
It directed that the results of the 2024 matriculants should not be published in newspapers, and must make these results available to the pupils using methods that are compliant with POPI Act.
The DBE is also required to obtain consent from 2025 matriculants and their guardians for the publication of matric results in newspapers and to develop a system for this process.
Failure to comply with the notice could result in the DBE being prohibited from publishing the 2025 results.
Previously, in 2022, the DBE had announced it would stop publishing matric results in newspapers to comply with POPI Act. However, this decision was challenged by civil society groups who argued it would disadvantage learners living far from schools. The North Gauteng High Court ruled in favour of public publication.
The POPI Act , which governs South Africa’s data protection laws, came into effect in 2020. The Information Regulator is tasked with ensuring compliance with POPI Act, including addressing issues such as data breaches and unsolicited marketing.
The POPI Act requires direct marketers to obtain consent before contacting individuals multiple times, with failure to do so resulting in penalties.
To combat spam calls, Trade, Industry, and Competition Minister Parks Tau has proposed amending the Consumer Protection Act to create a national opt-out registry, offering broader protection against unsolicited communication.
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