Matric results can once again be printed in newspapers, following the Department of Basic Education’s argument that it doesn’t violate the privacy rights of the learners.

The Department of Basic Education (DBE) has approached the North Gauteng High Court to challenge an enforcement notice issued by the Information Regulator, which sought to halt the traditional publication of matric results in newspapers.

This application follows the Information Regulator’s decision, which aimed to prevent the release of matric results in local newspapers, citing concerns about the Protection of Personal Information Act (POPIA).

The department has filed court papers arguing that its long-established practice of publishing matric results using only examination numbers does not violate the privacy rights of learners under POPIA.

This move to the High Court has temporarily suspended the enforcement notice, allowing the department to continue releasing results to media houses for publication early next month.

“The DBE is contesting the Information Regulator’s notice on several grounds. Firstly, the department argues that the enforcement notice under section 95(1) of POPIA can only apply to past or current interference with personal information. Since the notice pertains to future publication, the department claims it is legally void,” said Elijah Mhlanga, DBE spokesperson.

Mhlanga said a previous court ruling has already confirmed the lawfulness of publishing matric results in this format, making the Regulator bound by that decision.

The department also contends that the publication of results using only examination numbers does not identify individual learners and thus does not violate section 11 of the POPI Act.

“The department also argues that even if the release of these results is considered a form of personal information processing, it complies with the various processing limitations outlined in section 11(1) of POPIA.

“DBE asserts that the Information Regulator has not demonstrated that this practice has ever resulted in interference with learners’ privacy rights, making the enforcement notice unjustified,” said Mhlanga.

A final ruling from the North Gauteng High Court is expected before the results are scheduled for release next month.

Should the appeal be successful, matric results will continue to be published in newspapers, giving learners and the public access to the examination outcomes.

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