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
- Consent:
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