Marketers often act as if there is no law‚ says Information Regulator

If you want to formally complain about unsolicited marketing calls or messages‚ you will have to wait until next year.

Information Regulator chairperson Advocate Pansy Tlakula said they aim to be fully operational in the first half of next year with about 100 personnel to handle complaints about pesky direct marketing.

The Information Regulator was established to enforce the Protection of Personal Information Act (POPIA). POPIA protects the personal information of individuals and the way in which private and public bodies should store and use their information.

Tlakula said direct marketers often act as if “there is no Act (POPIA)”.

“If you do approach a person for a direct marketing of goods and services‚ you have to do that with their consent.”

Tlakula said she tests call centre operators when she receives unsolicited calls.

“I ask: where did you get my details? You know that it is illegal to do what you are doing.”

The role of the Information Regulator was recently highlighted by the call from insurance company MiWay to King Goodwill Zwelithini. The leaked call starts with the sales rep addressing Zwelithini by his first name. The king then reprimands the sales rep.

Tlakula said the call is unlawful if Zwelithini did not give MiWay consent to use his personal information or his information was not used in concluding a contract in which Zwelithini is a party. She added that Zwelithini could have lodged a complaint with the Information Regulator if POPIA was fully enacted.

“Despite certain sections of POPIA not yet operative‚ the Regulator intends to proactively engage MiWay with regards to the processes and measures they have put in place to comply with the conditions for lawful processing of personal information as prescribed in POPIA.”

Tlakula said on Tuesday they have not received a response from MiWay.

MiWay CEO René Otto tweeted an apology on Friday.

“We at MiWay regret that our sales guy called His Excellency by his first name‚ but he obviously wasn’t aware who he was speaking to. The amazing thing is that His Excellency didn't take offence and (fortunately for us) saw the funny side of it. We salute his humanness!”

The Information Regulator currently employs five personnel‚ including a chairperson‚ two full-time and two part-time employees. It has been restrained‚ because POPIA has been only partly enacted.

Tlakula said they are currently handling about 200 complaints. They currently address complaints by speaking to the companies involved to remind them of the legislation.

Public comments have been incorporated in the draft regulations for POPIA. It has to be sent to the Department of Justice’s State Law Adviser to ensure these are constitutional. Tlakula said they aim to table it in Parliament in April.