On 29 August 2022, the Information Regulator announced that it has issued summons against the South African Police Service, concerning a leak of personal information of several victims/survivors who were raped in Krugerdorp in July 2022.
It is alleged that SAPS members shared the women’s’ names, ages, addresses, and details surrounding their assaults, over WhatsApp.
According to the media statement, the Regulator tried to engage with the SAPS before instituting legal proceedings by issuing an information notice in terms of section 90 of the Protection of Personal Information Act 4 of 2013 (POPIA). The Regulator has described SAPS’ response to the notice as inadequate.
Section 90 empowers the Regulator to serve a responsible party with an information notice, which requires the party to furnish the Regulator with specific information related to the processing of personal information, which must be shared within specific timeframes. The purpose of a section 90 notice is to determine whether a responsible party has interfered with the personal information of a data subject.
This process accords with the Information Regulator’s mandate to monitor and enforce compliance with POPIA.
- The Information Regulator’s media statement can be accessed here.
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