SA’s Information Regulator clamping down on ‘junk’ calls to consumers

According to a report on the News 24 website, the regulator is issuing the first enforcement notice this week for contraventions of the Protection of Personal Information Act (POPIA). 

Another news report on the Sowetan Live website claims that 14 such notices will be issued in coming weeks by the Information Regulator, which enforces the provisions of POPIA. Offending organisations may be fined if they do not amend their direct marketing practices, as instructed by the regulator. 

“POPIA requires that the conditions for lawful processing of personal information are adhered to. This is what the IR will insist on with regards to the direct marketing calls,” a spokesperson for the Information Regulator, Nomzamo Zondi, is quoted as saying by News 24. 

Zondi explained that an organisation would be violating direct marketing rules if it provides or uses information without getting the consent of the individual concerned, or if it contacts a person after they have asked to be removed from a database. 

South Africans receive about 15 unsolicited calls a month. 

Law for All, a business that offers legal insurance cover, says on its website that South Africa ranks fifth in the world as far as spam calls are concerned, and the average South African receives about 15 unsolicited calls a month. 

There are various ways in which personal information is captured and, ultimately, distributed, Law for All says. 

It adds: “For example, consumers who shop online often inadvertently give the company’s marketing team permission to contact them about other products and offers.  

“Another prominent method used to compile databases is loyalty cards or other similar schemes – like free Wi-Fi or social media competitions that require customers to sign up or opt-in.  

“Additionally, many insurance companies team up with other businesses and client information is shared between the two parties.” 

In the interests of consumer protection, the Direct Marketing Association of South Africa (DMASA) has an opt-out service known as the Do Not Contact List.  

Consumers can register their details on the list, and DMASA members are then prohibited from contacting them.