RESTRICTING UNWANTED COMMUNICATIONS – AN ‘OPT-OUT’ REGISTER

Consumers have the right to ‘opt-out’ or refuse to receive unwanted sms’s, telephone calls or correspondence relating to the marketing of products, by registering a ‘pre-emptive block’ on an opt-out register which will be overseen by the Consumer Commission.

Once a person has registered, it is the responsibility of companies to ensure that these consumers are not contacted for marketing purposes.

Currently the Direct Marketing Association does have a similar register where consumers can opt-out. View this at: www.dmasa.org

PROTECTING PERSONAL INFORMATION – THE PROTECTION OF PRIVATE INFORMATION ACT (POPI)

The Protection of Personal Information Act (POPIA) aims to protect the personal information of consumers. It sets out the minimum requirements regarding accessing and processing anyone’s personal information. 

How does the POPI Act add to the protection provided to consumers by the Consumer Protection Act? 

Businesses and government bodies must comply with the law in terms of how they collect, use, store or share a person’s personal information.

For example, during the Hands Off Our Grants campaign, it appeared that the re-registration of grant beneficiaries in 2012, using biometric processes, gave CPS and Net1 access to personal information collected on behalf of SASSA. Access to people’s personal and confidential information was used to enable unlawful deductions from social grants to be made without the signed permission of the beneficiaries.  

If a consumer believes their rights regarding their personal information have been abused, they can make a complaint to the Information Regulator and it will be able to take action on their behalf. Follow the link: https://inforegulator.org.za/complaints/ to find out how to make a complaint and follow the instructions. Or fill in the prescribed POPIA Form 5 at https://inforegulator.org.za/wp-content/uploads/2020/07/FORM-5-COMPLAINT-REGARDING-INTERFERENCE-WITH-THE-PROTECTION-OF-AN-ADJUDICATOR.pdf  and send it to POPIAComplaints@inforegulator.org.za.

Alternatively, the consumer can sue for damages in a civil claim.