The Information Regulator has referred MTN and OUTsurance to its Enforcement Committee over potential breaches of data protection laws relating to unsolicited direct marketing.
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The Information Regulator has announced that MTN and Outsurance have been referred to its Enforcement Committee for consideration of potential breaches of South Africa’s data protection laws.
In a press briefing, Chairperson Pansy Tlakula said the referrals form part of the regulator’s efforts to address growing concerns around the protection and use of personal information.
"Two direct marketing matters, mainly OUTsurance and MTN, have been referred to the enforcement committee. These matters are significant because they raise important questions regarding the interpretation and application of section 69 of POPIA on direct marketing by means of unsolicited electronic communication," she said.
"The outcome of these matters will be important in providing greater certainty to both responsible parties and data subjects. We emphasise that POPIA is not an obstacle to legitimate commerce. It is a framework within which commerce must take place lawfully and fairly."
MTN and OUTsurance have been referred to the Information Regulator’s Enforcement Committee over direct marketing matters linked to unsolicited electronic communications, Chairperson Pansy Tlakula said.
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The regulator said it received more than 3,800 complaints last year, with 10% relating to direct marketing.
It said the complaints show continued concern among data subjects about the use of their personal information for marketing purposes, particularly through electronic communications.
The regulator also welcomed recent amendments to the Consumer Protection Act regulations aimed at curbing unsolicited marketing communications, including spam calls.
Tlakula said the regulator regarded the National Consumer Commission’s Do Not Contact Register as an important additional measure in addressing unwanted direct marketing.
"Bodies have an obligation to obtain consent from a person before sending unsolicited direct marketing communication to them. We have engaged with the National Consumer Commission to identify areas in which the two institutions can work jointly in creating public awareness and receiving complaints."
"We trust that closer collaboration between the National Consumer Commission and us will strengthen the fight against unwanted electronic communication and provide greater protection to consumers and data subjects."
The referrals do not mean the companies have yet been found to have breached POPIA.
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