Authority: POPIA
Jurisdiction: South Africa
Type: Violation
Relevant law: Protection of Personal Information Act, 2013
Outcome: N/A
Started: N/A
Decided: N/A
Published: N/A
Fine: N/A
Parties: Regulator vs. South African Police Service
Case No.: N/A
Appeal: N/A
Original Source: POPIA
Original contributor: MZIZI Africa

Contents

  1. Summary
    1. Facts
    2. Holding
  2. Holding
  3. Comment
  4. Further resources
  5. Decision

Summary

An investigation has commenced against the South African Police Service (”SAPS”) for a breach of POPIA following the release of personal information from an active criminal investigation, via WhatsApp.

Facts

The Information Regulator has initiated another investigation into SAPS for a breach of POPIA following the release of personal information via WhatsApp.

SAPS has previously been santioned by the Regulator in a similar occurrence.

Lt-General Sehlahle F Masemola, The National Police Commissioner & South African Police Service (SAPS) - Ref CI 317/22 | Notion

This latest incident follows investigations into the deaths of prominent businessman Jabulani Ben Gumbi (CAS 557/08/2023) and the late Captain Ernest Dambuza (CAS 334/08/2023).

Sensitive crime scene reports, and other personal information (including car registration numbers and home addresses) of individuals involved in the investigation of the two deaths were distributed widely via WhatsApp.

Holding

Reports indicate that POPIA is “…considering measures to be taken against SAPS for this continued transgression of POPIA requirements.”

Comment

The ruling is not available but a press release by the Regulator is attached. This is the second time SAPs is suffering a similar breach in as many years.