SAPS and IEC to be probed for POPI Act breaches

It appears the public sector is more reluctant to comply with personal information regulations as the SA Police Service (SAPS) is in trouble again for breaking the Protection of Personal Information Act (POPI Act), the Information Regulator said.

In a briefing yesterday, the regulator revealed a list of organisations and companies investigated for breaking public information laws, while others were being investigated.

At least 982 complaints were lodged with the regulator in the 2023/2024 financial year, with 682 resolved.

Ten assessments were completed and are ready for finalisation through the issuing of enforcement notices.

This includes the SAPS, which was initially handed an enforcement notice for distributing personal information of sexual assault victims.

The police were found guilty of leaking the names of eight women who were allegedly raped while shooting a music video in Krugersdorp last year.

Information Regulator chair advocate Pansy Tlakula said they ordered the SAPS to, tamong other things, investigate the circumstances that led to the security compromise.

“The SAPS has complied with the enforcement notice, and the matter is closed,” she said.

However, the SAPS got into trouble yet again for breaching the legislation.

Tlakula said officers released personal information on WhatsApp regarding investigations into the deaths of businessman Jabulani Ben Gumbi and police officer Captain Ernest Dambuza last year.

New to the list of new investigations is the Electoral Commission of SA (IEC), which alerted the regulator about the recent leak of candidate lists for the national and provincial elections.

The regulator opted for a full assessment of the security compromise at the IEC.

The regulator’s executive for POPIA, advocate Tshepo Boikanyo, said the probe should be completed before the elections, pending responses from the IEC.

Tlakula said the regulator was willing to train organisations.

“From where we are sitting, the private sector seems more eager to comply than the public sector.”