| Authority: | High Court |
|---|---|
| Jurisdiction: | South Africa |
| Type: | Violation |
| Relevant law: | POPIA |
| Outcome: | Violation |
| Started: | 2019 |
| Decided: | 16 January 2023 |
| Published: | 16 January 2023 |
| Fine: | R5.5 million |
| Parties: | Black Sash Trust v Minister of Social Development and Others (Freedom Under Law NPC Intervening) (CCT48/17) |
| Case No.: | (CCT48/17) |
| Appeal: | N/A |
| Original Source: | High Court |
| Original contributor: | MZIZI Africa |
Contents
The High Court sided with the regulator, deeming a request by the Plaintiff to declare grant beneficiaries' personal information as South African Social Security Agency (”SASSA”)’s property flawed. This underscores the principle that data subjects maintain ownership of their personal information and that a responsible entity cannot transfer such data to another party without proper authorization.
This ruling primarily addresses South African Social Security Agency (”SASSA”)'s lawful disbursement of grant payments nationwide.
Under a previous agreement, SASSA had delegated the monthly social grant payment process to Cash Paymaster Services (PTY) Ltd (”CPS”).
Black Sash brought the matter to the Constitutional Court, urging that any SASSA-CPS contract stipulate grant beneficiaries' personal information as SASSA's property.
The Regulator opposed, arguing no legal basis existed to transfer ownership of beneficiaries' personal data to SASSA. Consequently, the Court determined that grant beneficiaries retain ownership of their personal information.
The court ordered that SASSA to ensure that the contract with CPS: