The Information Regulator issued a summons to the South African Police Service (SAPS) after they failed to provide requested information to assist with an investigation, into possible violations of the POPI Act, regarding the release of the West Village rape victims’ personal information.

Advocate Pansy Tlakula, chairperson of the regulator, said in a statement that the police had failed to provide sufficient detail regarding the circumstances that led to the disclosure of the personal information of the eight women who were raped by a mob in West Village, Krugersdorp on July 28.

The regulator was made aware that the victims’ names, ages, home addresses and the nature of the violations against them had been shared via the WhatsApp platform after it allegedly was leaked by police officials.

“For the regulator this constitutes interference, by the SAPS, with the protection of personal information of data subjects (the victims),” Tlakula said.

She says that in order to determine whether the SAPS has interfered or is interfering with the protection of personal information of the data subjects, the regulator issued an Information Notice in terms of POPIA section 90 to SAPS demanding that it furnishes the regulator with certain information.

This information includes the purpose for drafting the WhatsApp message and the identity of those individuals to whom the WhatsApp message was circulated (detailing a list of names of recipients, their job titles, employer and cell phone numbers to which the message was circulated).

The regulator also demands information regarding the date on which the message was circulated to the recipients; the time and date when the WhatsApp message was circulated beyond the group it was intended for, and the identity of the individuals to whom it was sent.

Additionally, the regulator wants to know who circulated the message beyond the original group for whom the message was intended.

“For the regulator to conduct a thorough investigation the SAPS must confirm if the message was circulated in any other format or platform (not WhatsApp).

“Lastly, the regulator needs the SAPS to provide it with a report by the information officer of SAPS recording that the processing of the identities of the rape victims was in compliance with the processing conditions of POPIA and a report on SAPS’ investigation into the circulation of the personal information of the victims.

The regulator had requested to be provided with this information by August 15, however, the SAPS requested an extension to respond to the notice. An extension was granted to August 24, but on the day, the SAPS only furnished information for one of the items in the notice.

SAPS indicated that it could only provide further information once they have finalised their investigation but did not give an indication as to when they anticipate the investigation will be finalised.

“The regulator found the SAPS’ response to have been inadequate, hence the decision to issue a summons for the information.

“We do not take kindly to the non-responsiveness or inadequate responses to issued Information Notices by responsible parties, because this interferes with the regulator’s ability to conduct investigations into reported matters or those initiated by us.

The regulator says its ability to provide the ‘necessary recourse to the victims of whom the right to privacy was possibly violated’ is being hampered by the lack of response from the SAPS.