Information Regulator: Police violated Popi Act in Krugersdorp gang rape case
The Information Regulator has found that the police compromised the personal safety of s.e.xual assault victims in the Krugersdorp gang rape case.
Last October, a group of women in Krugersdorp was allegedly robbed and raped by illegal miners while shooting a music video.
The Information Regulator is an independent Section 39 body that monitors and enforces compliance by private and public bodies with provisions of the Promotion of Access to Information Act (PAIA) and the Protection of Personal Information Act (POPIA).
The organisation held its first-ever media briefing on Wednesday in Johannesburg to communicate the outcome of its investigations.
One of the cases it was investigating was the distribution of personal details of sexual assault victims in last year’s Krugersdorp gang rape between police members through WhatsApp.
Regulator chair, Advocate Pansy Tlakula said shortly after the incident, the body received a complaint that SAPS members were allegedly sharing the names, addresses, and phone numbers of the victims between themselves.
Tlakula said their investigation found that police officers violated the Popi Act.
“The SAPS must also investigate the conduct of the SAP members who were responsible for the unlawful processing of personal information of the data subject, and they must also include training on POPIA.”
The regulator has also given the police 31 days to issue a public apology for violating the privacy of alleged sexual assault victims.
“The regulator has against the above backdrop, amongst others, ordered that the responsible party must notify the data subjects of the security compromise which relates to their personal information, and they must take this action within 31 days of the receipt of the enforcement notice.”
Tlakula said enforcement notices issued by the information regulator are legally binding and can only be appealed at a high court.
-EWN
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