The Information Regulator (IR) is set to appear in the Gauteng High Court, Pretoria, to apply for leave to appeal a recent judgment that permits the publication of matric results in newspapers and on online platforms, citing concerns over the Protection of Personal Information Act (POPIA). The IR will argue that the High Court erred in its interpretation of POPIA, specifically in defining the phrase “personally identifiable information”. According to the IR, the court further erred in defining this phrase to mean the ability to identify a particular person.
Background to the Case
The issue of whether matric results should be published or not has been a subject of legal debate since 2022. The courts have, during all those applications, ruled in favour of publishing the results, but made it clear that this may only be done by using exam numbers and not the names of the candidates. However, the IR has since maintained that this still infringes on POPIA. In its leave to appeal application, it contends that the Supreme Court of Appeal should take another look at the Act in the context of matric results.
Advocate Kennedy Tsatsawane SC is expected to argue that the phrase “personally identifiable information” is not defined, mentioned, or referred to anywhere in POPIA. The IR argued during its application in December that learners sitting alongside each other while writing exams may see each other’s exam numbers and thus use this in identifying each other when the results are published. The IR will also argue that the court could not dismiss the possibility that learners might wish to know the results of their fellow learners and will be able to make out their examination numbers based on the sequential seating arrangements.
Arguments Against the Ruling
In opposing the application, the Department of Basic Education will argue that an appeal has no prospects of success. However, the IR will argue that it is in the interests of justice and in the public interest that the lawfulness of the publication of matric results be finally determined by a higher court. For more information on POPIA, visit the Information Regulator’s website. The IR will also highlight the importance of protecting personal information, as outlined in the Protection of Personal Information Act, 2013.
The IR’s application for leave to appeal will be heard by a full court, consisting of three judges. The outcome of this application will have significant implications for the publication of matric results in the future. Some of the key issues that the court will consider include:
- The definition of “personally identifiable information” and its application to matric results
- The potential risks of identifying learners through their exam numbers
- The balance between the right to privacy and the public interest in publishing matric results
The IR’s appeal is seen as a crucial test of the POPIA’s provisions and its application to the publication of matric results. The outcome of this case will have far-reaching consequences for the education sector and the protection of personal information in South Africa.
