The Commission recognises that South Africa has made important progress in establishing a legal framework for data protection, particularly through the Constitution and the Protection of Personal Information Act (POPIA). These instruments affirm privacy as a fundamental right and impose clear duties on those who collect, process, and share personal information.
However, the Commission remains concerned that the lived reality of many people does not reflect the promise of these protections. Data breaches, identity theft, unlawful surveillance, and the reckless sharing of personal information continue to occur with alarming frequency. Compliance is uneven, enforcement remains weak in practice, and public awareness of data rights is still limited.

The Commission is particularly concerned about the impact of data misuse on marginalised groups, including children, women, young people, older persons, and persons with disabilities. Children’s rights to dignity and privacy are routinely violated through the unauthorised sharing of images and videos on social media. This has been especially evident following tragic scholar transport accidents, where graphic images of injured or deceased children have been circulated without consent, exposing identities and compounding trauma for families and communities. Women and young people face heightened risks of identity theft, online harassment, and digital exploitation, often linked to the uncontrolled sharing of personal information across platforms. Older persons and persons with disabilities are increasingly targeted through data-driven scams, fraud, and deceptive digital practices that exploit accessibility barriers, limited digital literacy, and weak safeguards.

The Commission is concerned that digital spaces often prioritise speed, visibility, and profit over human rights, leaving vulnerable individuals exposed and unprotected. Once personal data is shared, control is often permanently lost. Images can be copied, altered, and redistributed. Personal details can be harvested and misused long after the original platform or context has disappeared.

Individuals are urged to take active steps to protect their own data, to think critically before sharing information, and to respect the privacy and dignity of others, especially children, persons with disabilities, and other vulnerable persons.

The Commission reminds all stakeholders that the right to privacy is constitutionally protected and legally enforceable. Public institutions have a duty to act lawfully, transparently, and proportionately when processing personal data, and must avoid unlawful surveillance and data misuse. Private entities, including technology companies, media platforms, and service providers, are legally obliged to implement strong data protection measures, ensure accessibility, obtain meaningful consent, and prevent harm arising from the misuse of personal information.
Compliance with POPIA and constitutional standards is not optional. Failure to protect personal data violates human rights, erodes public trust, and weakens democracy. 

Ends

ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION

Wisani Baloyi, SAHRC Communications Coordinator – 081 016 8308 | This email address is being protected from spambots. You need JavaScript enabled to view it.