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Whatsapp users unsure of POPI implementation

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With the Protection of Personal Information Act coming into effect on Thursday, South Africans have been sending messages such as administrators will be required to obtain consent for being part of a WhatsApp group.

The executive for technology, media, and telecommunications at ENSafrica, Wilmari Strachan, said this depends on the type of group. She says the act does not apply to the processing of information for household activity.

It is thus not necessary for family groups. She advised it would be prudent for more formal groups to post such a notice.

A legal expert meanwhile says the act prohibits companies from using automated marketing without a user’s consent.

Ahmore Burger-Smidt says this relates to SMS marketing, automated calling machines, and email, whereby calls are received by an automated machine. She says the legislation says a company can only use unsolicited direct marketing if it has the consent of the people it contacts.

This however pertains to electronic marketing and not telemarketing.

 


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