POPI Spam Alert!

Judging by the mass flood of emails, yesterday was the last day to build your opt-in database of marketing leads for direct marketing.

Except that it wasn't.

1.     Opt-in emails can be sent at any time

The intention of the opt-in electronic communication is limited to initiate the consent to market to the consumer in the future.

2.     No opt-in required for your clients

Businesses can e-mail their clients to market their products or similar products (remember to have the unsubscribe link available for clients to unsubscribe).

3.     Phone calls are not direct marketing in terms of POPIA

Businesses may call on the phone and chat directly to the recipient… but may not leave a message or use IVR systems.

Importantly, POPIA defines Direct Marketing: "Direct marketing" as the approach of a data subject, either in person or by mail or electronic communication, for the direct or indirect purpose of either promoting or offering to supply, in the ordinary course of business, any goods or services to the data subject; or requesting the data subject to make a donation of any kind for any reason.

Definition of Electronic Communication: "Electronic communication" any text, voice, sound or image message sent over an electronic communications network which is stored in the network or in the recipient’s terminal equipment until it is collected by the recipient.

Side note: POPIA excludes "telephone calls" from the definition of electronic communication. Unlike the Consumer Protection Act (CPA) which does specifically include "telephone" as part of the CPA definition of electronic communication.

POPIA Effective Date has been extended but ONLY for section 58(2) and registering your Information Officer

Information Officer registration extended indefinitely

In a statement released on 22 June, the Information Regulator confirmed that there is no deadline for registering of Information Officers.

"The Regulator is currently looking into alternative registration processes and will communicate this in due course. We understand that our portal malfunctioning has caused a lot of anxiety and panic and for that we really do apologise," Chairperson of the Information Regulator, Advocate Pansy Tlakula said.

Information Officer registration website for POPIA compliance broken, deadline extended.

Section 58(2) "Responsible party to notify Regulator if processing is subject to prior authorisation" extended to 1 February 2022

"Responsible parties may not carry out information processing that has been notified to the Regulator in terms of subsection (1) until the regulator has completed its investigation or until they have received notice that a more detailed investigation will not be conducted."

In this context, the Responsible Parties are Credit Bureaus who process information for the purpose of credit reporting.

The Credit Bureau Association (CBA) submitted the CBA Code of Conduct to the Information Regulator on the day submissions opened, 15 March 2021. The Information Regulator has commenced the process of making the Code available for public comment on the Regulator’s website; once the Code is finalised, it will be gazetted and become law.

This finalisation by the Information Regulator of the CBA Code of Conduct is incomplete, necessitating the extension of section 58(2) of POPIA.

Importantly, this means that TPN clients can continue to process credit enquiries and submit data under the lawful regulation of the National Credit Act.

Click here to download Amendment Notice.

Steps to get compliant:

1. Perform your Personal Information Impact Assessment in terms of Regulation 4(1)

TPN with our governance partner Baitseanape Management Consulting, have developed the TPN POPI-Portal® which includes your online Personal Information Impact Assessment which you can complete and maintain to remain POPI compliant.

The TPN POPI-Portal also includes all the POPI policies which you can adopt. Click here to get access to the TPN POPI-Portal®

2. Internal Awareness in terms of Regulation 4(1)

Please feel free to watch the TPN POPI-playlist on YouTube: click here

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