Corruption Watch argues POPI Act makes provisions for publication of people's personal information
The matter revolves around the personal information of candidates Parliament considered for the Commission for Gender Equality (CGE).
The Commission for Gender Equality logo. Picture: Commission for Gender Equality/Facebook
JOHANNESBURG - Corruption Watch has argued that the Protection of Personal Information (POPI) Act makes provisions for the publication of personal information of persons.
It was responding to a claim by Parliament that it cannot release information of a personal nature because it’s bound by the act.
The matter revolves around the personal information of candidates it considered for the Commission for Gender Equality (CGE).
Corruption Watch seeks to challenge about five appointments made to the commission, with the Constitutional Court hearing the application by the non-profit organisation (NGO).
Corruption Watch alleges that the public was not afforded sufficient time or information to make meaningful submissions in the recommendation and appointment process.
It wants the appointments of the commissioners, including the chairperson, overturned.
READ: ConCourt to hear Corruption Watch's application to invalidate 5 gender commission appointments
Legal counsel for Corruption Watch, Advocate Kathleen Hardy has submitted that the Protection of Personal Information Act (POPI) does not prevent public bodies or parliament from exercising its duties.
The organisation is relying on Section 11 subsection (1)(e) of the Act which says that personal information may only be processed if the processing is necessary for the public performance of a public law duty by a public body.
Therefore, Hardy argues, the act confers such power and duty on a public body, including parliament, when the situation dictates.
In papers, the national legislature had submitted that the candidates had only agreed to their names and qualifications being published for the public during the nomination and recommendation process for the appointment of commissioners to CGE.
However, Corruption Watch said information could be published even if some parts were redacted.
But Hardy said parliament cannot use the statute as a shield to hide behind.