Electoral Commission on compliance with Information Regulator enforcement notice

The Electoral Commission confirms that it has complied with the enforcement notice issued by the Information Regulator in relation to an incident of unauthorised release of personal information of candidates. This incident occurred ahead of the general elections in 2024.

In March 2024, the Commission had an incident in which candidate lists for the ANC and uMkhonto weSizwe (MKP) Party were released in an unauthorised manner. At the time, the Commission swiftly investigated the incident and confirmed that it was not a data breach but rather that an official shared the information of candidates in an unauthorised manner. The Commission further stated that the official had access to certain reports of the Candidate Nomination System (CNS) but was not authorized to distribute or circulate the information.

Following the event, the Commission took the appropriate actions to notify the affected parties. The matter was also reported to the relevant law enforcement authorities for investigation. Additionally, the Commission voluntarily reported the matter to the Information Regulator over and above terminating the employment contract of that affected official.

In September 2024, the Information Regulator issued an enforcement notice to the Commission. In line with this enforcement notice the Commission has updated its policy on data management and placed the required notification notice of the incident on its website. Therefore, the Commission has fully complied with the terms of the enforcement notice of the Information Regulator.

The subsequent compliance notice and concomitant fine appear to relate to the late submission of the confirmation of compliance. The Commission will continue to engage the Information Regulator on this matter as it assesses the avenues available to it for processing the matter further.

The actions of the Commission on this matter illustrates its transparency and willingness to participate in safeguarding data privacy. The Commission re-assures the public that it holds private information of voters and candidates in a secure environment underpinned by appropriate policies, and it continually reviews its business processes and technology to fortify data security.

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