Africa-Press – South-Africa. The Information Regulator has ordered the SA Police Service to publicly apologise for violating several provisions of the Protection of Personal Information Act (POPIA) by distributing personal information of the Krugersdorp gang rape victims.
The regulator said the police had failed to take appropriate, reasonable, technical measures to prevent the unlawful accessing of personal information of the eight women gang raped by a group of men in West Village, Krugersdorp, in July last year.
Their names, ages, home addresses and ID numbers were shared via WhatsApp after allegedly being leaked by police officials.
Regulator chairperson Pansy Tlakula said the victims’ personal information had been circulated on social media following the leak.
“The Regulator conducted its own initiative investigation on whether the manner in which the SAPS handled (processed) the personal information of the data subjects was in compliance with POPIA,” she said.
“The Regulator has, after considering the report of the Enforcement Committee, issued an enforcement notice wherein it decided that the responsible party (SAPS) has interfered with the protection of the personal information of the data subjects in that it breached the conditions for the lawful processing of personal information.”
Tlakula said the police had failed to comply with their duty to notify the regulator and the victims of the security compromise, as prescribed in POPIA.
She said:
“The personal information of data subjects contained in the WhatsApp message was excessive and not relevant for the purpose for which it was distributed, which, according to the SAPS, was to alert the respective stations of the serious crime which had been committed in the West Rand District.”
Tlakula added that the POPIA division had received 895 complaints during the 2022/2023 financial year, an increase of 30 compared to the previous year.
Of these, 616 were resolved.
The regulator ordered that the SAPS publish an apology to the victims within 31 days in major national weekly newspapers and social media platforms, such as Facebook and Twitter, for the “unlawful processing of the personal information”.
It further ordered SAPS to include training on POPIA in all its programmes.
Tlakula said the police had the right to appeal the regulator’s findings in the High Court, but if they failed to comply during the period stipulated, the regulator would issue an infringement notice.
‘Fine for infringement can be up to R1m’
“It [the infringement notice] will allow us to either go the criminal route of prosecuting them… it will be interesting to see if the SAPS will prosecute their own. Alternatively, we can also decide on the fine that they must pay. If you look at POPIA, the fine for infringement of POPIA can be up to R1 million.
“Nothing prevents the data subjects (Krugersdorp rape victims) from instituting a civil claim for damages against SAPS on their own, or alternatively, they can approach us and request the regulator to institute the civil claim for damages on their behalf.”
Board member Alison Tilley said the second complaint they had received was against RiSA Audio Visual Licensing NPC (RAV).
Hardwick Trading (Pty) Ltd lodged the complaint after the head of the company refused to grant it access to the records about payment distribution made to any third party in respect of licence fees or copyright royalties received by RAV from broadcasters and other users for the public broadcast of music videos created by Bula Records.
Hearings on the matter were held on 2 and 3 August 2022.
Tilley said the regulator received evidence from different music industry players and the Group CEO of the SABC. She said the regulator had issued an enforcement notice against the CEO of RAV, directing him to grant Hardwick Trading (Pty) Ltd request.
“The CEO of Risa Audio Visual Licensing NPC is further directed to ensure that he complies with the Enforcement Notice within 31 days from the date of receipt of the notice.”
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