Consumers bear the brunt of ongoing POPIA non-compliance

JOHANNESBUEG - South African consumers are growing increasingly frustrated as they continue to be bombarded by unwanted direct marketing calls, despite the legal protections offered under the Protection of Personal Information Act (POPIA). 

Despite the Information Regulator sounding the alarm and implementing measures to curb these invasive practices, companies are still failing to comply with the law, leaving consumers vulnerable to privacy breaches.

Advocate Lebogang Stroom-Nzama of the Information Regulator recently addressed these concerns, noting that security compromise incidents are on the rise, proving that businesses are not doing enough to safeguard consumer data. 

"The act is very clear. The intention of the law is not to stop telemarketers from doing their businesses, we are saying that just conduct your direct marketing with the comfort of POPIA and it tells you what qualifies for electronic communication. 

It says they must only contact you once and the first call must obtain consent if they say no they should stop. The problem is that company A will call with a certain number, they stop when you don’t want them to call you again but they use different numbers which is against the objective of POPIA."

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For many South Africans, the relentless calls and messages from marketers are more than just an annoyance; they represent a broader failure to protect their personal information. The constant interruption of privacy has raised questions about how seriously companies are taking their responsibilities under the POPIA Act, which was designed to give individuals more control over their personal data.

This leaves individuals exposed to potential identity theft and fraud, with little recourse despite the legal framework that is meant to protect them. Although the Information Regulator has put measures in place to address the issue, including tighter enforcement and penalties for non-compliant companies, the ongoing rise in security breaches is a sign that the regulations are not being enforced effectively. 

READ: Discussion | Are companies not complying with the Popia Act

“I encourage people to lodge complaints because it is wrong. Historically there was a lot of data breaking and data hacking. People were selling data out there. Those are the practices we assist with so that people market properly and what we are fighting for. You can lodge complaints with the regulator at the our website,” Stroom-Nzama added.

The burden remains on consumers to report violations, opt out of marketing lists, and stay vigilant in protecting their personal information. 

But for many, the question lingers: when will businesses take privacy seriously?

By Minenhle Thusi