The Department of Basic Education (DBE) has been instructed by the Information Regulator to halt the traditional publication of matriculation exam results in newspapers. This decision comes as a result of the DBE's non-compliance with the Protection of Personal Information Act (POPI Act).
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.
Despite this regulatory change, a record number of 732,448 full-time candidates registered for the 2024 National Senior Certificate (NSC) exams, an 8,400 increase from the previous year. Additionally, 136,195 part-time candidates are set to write various subjects.
The final matric exam period will conclude in late November 2024, with results scheduled for release on January 16, 2025. However, the traditional method of newspaper publication is no longer feasible due to privacy concerns.
The Information Regulator has determined that the DBE must obtain explicit consent from learners and their guardians before publishing their results in newspapers. This is to ensure compliance with POPI Act regulations, which prioritize data privacy and security.
It directed that the results of the 2024 matriculants should not be published in newspapers, and must make these results available to the pupils using methods that are compliant with POPI Act.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 Impact of POPI Act
The POPI Act, enacted in 2020, governs data protection in South Africa. The Information Regulator is responsible for enforcing these regulations, including addressing data breaches and unsolicited marketing.
The DBE is now exploring alternative methods to disseminate matric results, such as direct communication with schools or secure SMS services. This shift aims to balance the need for transparency with individual privacy rights.
The implications of the POPI Act extend beyond the education sector. In an effort to combat spam calls and unsolicited communication, Trade, Industry, and Competition Minister, Parks Tau has proposed amending the Consumer Protection Act.
This proposed amendment would create a national opt-out registry, providing consumers with greater control over their personal information.
