In light of the declaration of a national state of disaster as a
result of the Coronavirus (COVID-19) pandemic, it is now likely
that schools and further learning institutions in South Africa will
remain closed for the foreseeable future (even after the national
lockdown period) and online teaching will be inevitable. However,
privacy, data protection and security are critical when teachers
and learners are working remotely due to the higher risk of
personal data breaches.
The Information Regulator, established in terms of the
Protection of Personal Information Act, 2013
(“POPIA”), has recently issued a
guidance note on the processing of personal information of data
subjects in the management and containment of COVID-19. Confirming
that not all of the provisions of POPIA have come into effect, the
Regulator nonetheless encourages proactive compliance with POPIA in
order to give effect to the right to privacy as it relates to the
protection of personal information.
