VANDERBIJLPARK – The recent theft of mobile phones from learners’ schoolbags has sparked outrage in the local community. In response, CCTV footage of an individual was shared on social media.

While frustration with crime is understandable, such actions carry significant risks.

Schools with visible CCTV warning signs have a lawful basis for recording on their premises for security and learner safety.

This footage can and should be provided to the South African Police Service (SAPS) for investigation and may serve as evidence in court.

However, lawful collection does not permit unrestricted public sharing by any party.

Under the Protection of Personal Information Act (POPIA) of 2013, identifiable CCTV images constitute personal information.

Public posting on Facebook, WhatsApp, or X is a separate act of “processing” that requires its own legal justification.

POPIA permits processing only under specific lawful bases, such as consent or legitimate interest.

The latter requires that the benefit, for example, assisting the police, clearly outweighs privacy harm and that less intrusive alternatives exist. “Name and shame” posts often fail this test.

Section 69 of the South African Police Service Act 68 of 1995 restricts unauthorised publication of images of suspects, particularly those in custody. Although it primarily binds SAPS, it reflects the broader principle of innocence until proven guilty by a court of law.

The Constitution protects dignity, privacy and the right to a fair trial. Premature public exposure risks unintended harassment, mistaken identity and subsequent reputational damage.

Posters may face defamation claims or POPIA complaints to the Information Regulator.

In simple terms, collecting footage for security is usually allowed, but publicly “naming and shaming” is often not.

Public anger over school thefts is justified, but bypassing legal channels can undermine investigations and expose law-abiding citizens to unintended legal consequences. Responsible CCTV use enhances safety by enforcing official routes.

As communities address rising theft, the clear legal message is to protect learners, support the police, and respect legal boundaries.