POPIA Promised Privacy

So why am I receiving so many spam calls?

South Africans were promised tighter control over their personal information. Since the Protection of Personal Information Act (POPIA) came into effect, it seems to have made no difference on spam callers. If anything, cold callers have become even more relentless. Why are we still being interrupted during dinner and meetings by someone trying to sell us insurance or fibre deals?

The truth is POPIA is not the problem. The problem is compliance.

Many Businesses don’t understand

Some businesses fail to comply with POPIA as they don’t understand what is required of their business. POPIA requires organisations to obtain explicit consent before using or sharing your contact details for marketing. In practice, many companies are still relying on outdated databases, historically purchased contact lists, or “implied consent” which doesn’t cut it anymore.

Compliance isn’t a tick box

Many businesses rushed to put together privacy notices and PAIA manuals when POPIA and PAIA launched, then moved on.

Many businesses think having a few policies in place will suffice, however its more about putting POPIA into practice. For spam callers, either it is a total disregard to the regulation or lack of implementation.

Compliance is not a ‘set and forget’ exercise. It’s a living process that needs to be reviewed, updated and enforced internally.

Cold Calling is cheap, quick and risky

Most businesses simply take the risk, knowing enforcement can be slow in the early implementation stages of regulation. Some businesses are strategic in their fine print about opting in marketing.

Non compliance with POPIA can lead to penalties up to R10 million and serious reputational damages. For smaller companies it could be a business-ending mistake.

What compliant marketing should look like

Ethical marketing means:

• Only contacting people who have opt in.

• Making it easy for recipients to unsubscribe or opt out.

• clearly stating who you are and why you are contacting them.

• Respecting the data subjects rights. Always.

What can I do about spam calls?

• Ask the caller where they got your details/consent to call you. Under POPIA, you have a right to know where a company obtained your personal information.

• Relay on the call that you would like to formally opt out of any future correspondence and if they could share information on that.

• Register on the national do not contact list. This list, maintained by the Direct Marketing Association of South Africa (DMASA: dmasa.org/page/about-us), helps to reduce legitimate marketing calls. It won’t be foolproof or stop the ones that are taking a chance, but it is a start.

• Report persistent offenders to the Information Regulator at inforegulator.org.za if a company continues to contact you after opting out or if you suspect your data is being misused.

• Read the fine print of giving consent for marketing purposes in terms of how your personal information may be processed by a company.

• Track calls on True Caller.

  
  

At Smartin Compliance, we work with companies to align their business activities with POPIA and PAIA. Not just to stay compliant, but to build customer trust. Privacy is not just a legal requirement, it is a sign of respect.