I spoke to Kieno Kammies on 567 CapeTalk radio this morning about a troubling trend. As you can hear from the segment, below, the concern is partly about people being photographed in suspicious ways in public. One example is a person following women around shooting video of them or taking photos without their knowledge. This... Continue Reading →
Phil Lee at the Privacy and Information Law Blog has a great comparison of European and American data protection regimes which is worth reading. This is particularly relevant to South Africa as the Protection of Personal Information Act places some emphasis on transferring personal information to countries with compatible data protection systems.
The Tobacco Products Control Act emerged from a complex social and health policy framework and although the Control of Marketing of Alcohol Products Bill may not have quite the same overhead, we could see similar advertising restrictions imposed (this is pure speculation as we will likely only have clarity on the regulatory framework once the Bill approaches its final form). If these restrictions resemble those in the Tobacco Products Control Act, we could see virtually every means of advertising or promoting alcohol beverages being prohibited.
The Protection of Personal Information Act has particular interest for direct marketers because of the likely substantial impact the legislation will have on consumer-facing initiatives when it goes into effect. POPI has a section that deals specifically with and introduces a consent model designed for direct marketing. It is an interesting model and I'll explain why in this post.
Planning for the Protection of Personal Information Act is not a small endeavour and taking shortcuts to preserve current business models may turn out to be disastrously short-sighted in the year or two ahead. My colleagues may be correct in their approach and their clients may be able to adopt a relatively liberal interpretation of the Protection of Personal Information Act and its implementation. I have a different take on how the Act will apply, especially given its broader role as substance for the Constitutional right to privacy. Going beyond the Act's interpretation and application by the proposed Regulator and Courts, the risk of being too careless with consumers' personal information could have even more dire consequences for brands than legal non-compliance.
There is a lot more to the anticipated Protection of Personal Information Act and, in this post, I'd like to introduce you to what are known as "Conditions for lawful processing of personal information". These conditions effectively operate as processing parameters and will have a relatively subtle but substantial impact on direct marketing because they limit the scope of what personal information can be processed and for how long.
Consent, while critical, just scratches the surface of the Protection of Personal Information Bill. There is a lot more to the anticipated Protection of Personal Information Act and, in this post, I'd like to give you an overview of two further important terms used in the Protection of Personal Information Bill, namely "personal information" and "processing".
The Protection of Personal Information Act is going to have a radical impact on the direct marketing industry and a number of direct marketing businesses are going to shut down because they won’t be able to adapt and remain viable, especially if they don’t take action right away. If you don’t have a direct marketing business that is already based on a truly consensual business model (bearing in mind the consent model in the Protection of Personal Information Bill), you simply can’t afford to waste any more time.