The Data Protection Commission is sounding the alarm over the privacy of South Africa evacuees, after personal information belonging to 1,964 Ghanaians evacuated from the country, including names, signatures and records of financial assistance, ended up in the public domain.
In a statement dated October 20, the Commission said the exposure raises real concerns about identity theft, fraud and unwarranted scrutiny, especially given that the affected individuals had already faced threats to their safety back in South Africa.
Constitutional and Legal Grounds
The Commission grounded its concerns in the 1992 Constitution, pointing to Article 15(1) on the inviolability of human dignity and Article 18(2) on individual privacy.
It tied these to the Data Protection Act, 2012, particularly the sections governing lawful processing, minimality and legal grounds for handling personal data.
It was careful not to dismiss the value of transparency outright, acknowledging the importance of parliamentary oversight, the right to information and press freedom. But the statement drew a clear line.
"The legitimate pursuit of public accountability does not automatically justify the unrestricted disclosure of identifiable personal information," it said, naming the Minority Caucus, the Ministry of Foreign Affairs, Joy News and other media houses as parties whose disclosures need to be measured against legal requirements and the rights of those involved.
Registration Doesn't Mean a Free Pass
The Commission noted that both the Ministry of Foreign Affairs and Parliament are registered data controllers in good standing, but was quick to add that registration alone does not excuse ongoing obligations under the law.
It has called on all parties involved to act with due diligence, urging "immediate restriction or redaction of publicly accessible personal identifiers whose continued disclosure is not lawfully justified."
The DPC announced it will carry out a regulatory review examining the legal basis for the disclosures, what safeguards were actually in place, and how well the privacy rights of affected evacuees were protected.
It plans to engage directly with the relevant parties under its statutory mandate, with consequences possible if non-compliance is found.
"Compliance is a continuing responsibility," the Commission reminded public institutions and media houses, stressing that privacy and dignity must remain central even as public accountability efforts continue around the evacuation and its costs.
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