Abstract
Research and the meaning of 'public interest' in POPIA.
Highlights
In the absence of a definition in POPIA itself, the Information Regulator proffered the following ‘basic formulation’ of public interest in a recent Guidance Note[1]: Public interest is a wide and diverse concept that cannot, and should not, be limited in its scope and application
The Information Regulator has wide-ranging powers, it cannot create law. It cannot limit the rights bestowed by POPIA through a restrictive interpretation of the meaning of public interest
Members of the South African research community have the right, where relevant, to seek a research exception to allow the processing of special personal information (section 27(1)(d)(i)), and to seek a research exemption from the conditions for processing personal information (section 37(1)(a)) provided for in POPIA
Summary
As I show here, this basic formulation of public interest is misaligned with the way in which public interest has been interpreted by South African courts and is in need of revision. To inform ASSAf’s Code development process, this article provides a concise analysis of the principles concerning public interest that have crystallised in our law. In specific contexts, such as where it forms part of the statutory mandate of a public body, the meaning of public interest may become complex and contentious, as illustrated by the Rail Commuter Action Group series of cases.[3-5].
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