PRETORIA – The Information Regulator has issued summons to the South African Police Service on details related to the release of personal information of the Krugersdorp rape victims by the SAPS.

This follows “failure by the SAPS” to provide sufficient detail regarding the circumstances which led to the disclosure of the eight women’s personal information, after they were raped by a mob in West Village, Krugersdorp on July 28.

Spokesperson Nomzamo Zondi said after the horrific incident the leaking of the victims’ personal information – including names and home addresses – constituted interference.

“Following this incident, the regulator was made aware that the personal information of the victims, including their names, ages, home addresses and the nature of the violations against the victims, had been shared via the WhatsApp platform, allegedly being leaked by SAPS officials. For the regulator, this constitutes interference by the SAPS with the protection of personal information of data subjects, the victims,” Zondi said.

In order to determine whether the SAPS has interfered or is interfering with the protection of personal information of the data subjects, Zondi said the regulator has issued an Information Notice in terms of Popia Section 90 to the SAPS.

The regulator is demanding that the SAPS furnishes it with information, “including; 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/s and cellphone numbers to which the message was circulated”.

“The regulator also demands information regarding the date/s 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,” Zondi said.

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

For the regulator to conduct “a thorough investigation”, it said the SAPS must confirm if the message with the victims’ details was circulated in any other format or on any other platform besides WhatsApp.

“Lastly, the regulator needs the SAPS to provide it with a report by the information officer of the 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’s investigation into the circulation of the personal information of the victims,” Zondi said.

The regulator had requested the SAPS to provide it with this information by August 15, however, the police apparently requested an extension to respond to the information notice.

“The regulator granted an extension to August 24, 2022, however, on August 24, 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,” Zondi said.

“The regulator found the SAPS’s response to have been inadequate, hence the decision to issue a summons for the information demanded by the regulator for the purposes of the investigation.”

Advocate Pansy Tlakula, chairperson of the regulator, said her organisation does not take kindly to non-responsiveness or inadequate responses.

“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,” she said.

“This has a serious indictment for the regulator to provide necessary recourse to the victims of whom the right to privacy was possibly violated.”