Cape Town - The Information Regulator has ordered the Department of Correctional Services (DCS) to explain the measures that are in place to safeguard and prevent loss and illegal access to new prisoners’ information, including photos.
Last week, photos of former president Jacob Zuma that were taken at Estcourt Correctional Facility were distributed.
On Tuesday, Information Regulator spokesperson Nomzamo Zondi said they noted with concern the photographs of Zuma that were distributed through social media.
“As such, the Regulator has since sent a letter to the DCS, requesting for the departmental measures that are in place to safeguard and prevent loss and unlawful access of personal information, such as photographs of new inmates.
“The Regulator has also requested the current status on this matter and the steps that the DCS have taken to mitigate any alleged breach,” Zondi said.
She said they expected the department to take the necessary corrective action to ensure that the culprits were held accountable and that similar breaches of the law were not repeated.
On Thursday last week, the department said it had opened a criminal case after a camera SD card containing Zuma’s photos while being admitted to prison, was stolen.
The photos were stolen from a camera of the official who was assigned to take photos for institutional filing purposes.
Department spokesperson Singabakho Nxumalo said the official involved has been served with a suspension notice.
“The first aspect of the internal investigation thus far has revealed that this SD card may have clandestinely been shared with a known broadcaster.
“The department will be approaching the relevant institutions for further action,” Nxumalo said.
Zondi said that under Protection of Personal Information Act, photos clearly identifying an individual were regarded as personal information.
She said the distribution of such material was regarded as processing of personal information under the Act.
“The Act prohibits the distribution of personal information without the consent of the individual that is being identified in the item being distributed.
“We urge the public to be informed about the rights of individuals in so far as the law is concerned and not engage in action that violates another person’s rights or the provisions of the Act through distribution of personal information without consent of the data subject.”
mayibongwe.maqhina@inl.co.za
Political Bureau