The Information Regulator has issued summons to the South African Police Service (SAPS) on particulars associated to the launch of private data of the Krugersdorp rape victims.
This reportedly follows failure by the SAPS to present adequate element concerning the circumstances that led to the disclosure of eight girls’s private data who have been raped by a mob in West Village, Krugersdorp on 28 July 2022.
INFORMATION REGULATOR ISSUES SUMMONS TO SAPS
Following the Krugersdorp incident, the Regulator was reportedly made conscious that the private data of the victims, together with their names, ages, dwelling addresses and the nature of the violations in opposition to the victims, had been shared by way of the WhatsApp platform, allegedly, being leaked by SAPS officers.
Information Regulator spokesperson, Nomzamo Zondi stated for the Regulator this constitutes interference, by the SAPS, with the safety of private data of information topics (the victims).
Zondi stated so as to decide whether or not the SAPS has interfered or is interfering with the safety of private data of the knowledge topics, the Regulator issued an Information Notice by way of POPIA part 90 to SAPS demanding that it furnishes the Regulator with sure data, together with; the function for drafting the WhatsApp message and the id of these people, to whom the WhatsApp message was circulated (detailing a listing of names of recipients, their job titles, employer/s and mobile phone numbers to which the message was circulated).
The Regulator has additionally demanded data concerning the date/s on which the message was circulated to the recipients; the time and date when the WhatsApp message was circulated past the group it was supposed for, and the id of the people to whom it was despatched. Additionally, the Regulator demanded to know who circulated the message past the authentic group for whom the message was supposed.
POLICE SERVICE ACCUSED OF NOT COOPERATING
Furthermore, Zondi stated for the Regulator to conduct a radical investigation the SAPS should affirm if the message was circulated in some other format or platform (not WhatsApp).
“Lastly, the Regulator wants the SAPS to present 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 situations of POPIA and a report on SAPS’ investigation into the circulation of the private data of the victims.
“The Regulator had requested the SAPS to provide it with this information by 15 August 2022, however, it requested an extension of time to respond to the Information Notice. The Regulator granted an extension to 24 August 2022, however on 24 August 2022, the SAPS only furnished information for one of the items in the Information Notice. SAPS indicated that it could only provide the further information once they have finalised their investigation but did not give an indication as to when they anticipate the investigation will be finalised.”
Chairperson of the Regulator, Advocate Pansy Tlakula stated the Regulator discovered the SAPS’ response to have been insufficient, therefore the resolution to difficulty a summons for the data demanded by the Regulator for the functions of the investigation.
Tlakula stated they don’t take kindly to the non-responsiveness or insufficient responses to issued Information Notices by accountable events, as a result of this interferes with the Regulator’s skill to conduct investigations into reported issues or these initiated by us.
“This is a serious indictment for the Regulator to provide necessary recourse to the victims of whom the right to privacy was possibly violated,” she stated.
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