Direct Marketing under POPIA

  • By electronic means: SMS, MMMS, fax, email, voice, message, automated calling machines requires:
    • Consent:
      • Can only contact person who has not withheld consent before (i.e. opted-in)
      • Can only contact person once
      • [prescribed manner and form
    • Customer
      • Obtained contact details in the context of sales
      • Own similar products or services
      • Reasonable opportunity to object easily for free at time information was collected and with each communication
    • By other means: telemarketers, mal, pamphlet, in person
      • If the data subject opts-out, reasonable party may no longer process his /her PI

All direct marketing communications must:

  • Comply wot the processing conditions
  • Contain details of the identity of the sender or the person on whose behalf sent it
  • Contain an address or contact details in order to opt-out or unsubscribe.

Directories (printed or electronic directory)

  • Data subject be informed, free of charge, before the data subject’s PI is included in a
  • Outlining the purpose of the directory
  • Further uses to which the directory’s search functions

Automated decision making

  • Decisions which are made by computers and algorithms
  • Responsible party must be able to explain black -box or underlying algorithm logic/ decision and how it was attained

Opting-in by default

  • Shift from being opt-out by default, to opt-in by default

Record Retention and Restriction

  • retain records for the required period
  • prescribed by law or a code of conduct; or
  • which will afford the data subject a reasonable opportunity
  • The data subject has the right to transfer or transmit their PI into another automated processing system.

Exceptions longer retention of PI

  • Required by Law
    • SARS tax records
  • Reasonably required
    • civil or criminal evidence
  • Required by Contract
    • An example of a contracting agreement
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