The Information Regulator has referred companies MTN and OUTsurance to its Enforcement Committee regarding potential violations of data protection laws concerning unsolicited direct advertising.
Chair Pansy Tlakul reported at a press briefing that these referrals are part of the regulator's efforts to respond to growing concerns about the protection and use of personal information.
She noted that the two cases related to direct advertising primarily concern OUTsurance and MTN, and they are significant as they raise important questions regarding the interpretation and application of Section 69 of the POPIA Act concerning direct advertising via unsolicited electronic messages.
Tlakul emphasized that the outcomes of these cases will help provide greater clarity for both responsible parties and data subjects, adding that POPIA is not an obstacle to legitimate commercial activity but rather a framework within which this activity must be conducted fairly and lawfully.
Chair Pansy Tlakul clarified that MTN and OUTsurance were referred to the Information Regulator's Enforcement Committee regarding direct advertising issues related to unsolicited electronic messages.
The Regulator stated that last year it received over 3800 complaints, 10% of which concerned direct advertising. These complaints demonstrate ongoing concern among data subjects regarding the use of their personal information for marketing purposes, especially through electronic means of communication.
Furthermore, the regulator welcomed recent amendments to the Consumer Protection Act provisions aimed at restricting unwanted marketing communications, including spam calls.
Tlakul also cited the National Consumer Commission's 'Do Not Call' Register as an important additional measure in combating unwanted direct advertising. She stated that organizations are required to obtain a person's consent before sending them unsolicited marketing messages. In this regard, the regulator has been engaging with the National Consumer Commission to identify areas of collaboration in raising public awareness and receiving complaints.
The Regulator expressed hope that closer cooperation between the National Consumer Commission and itself will strengthen the fight against unsolicited electronic messages and ensure better protection for consumers and data subjects. It is important to note that these referrals do not mean that the companies have been found to be POPIA violators themselves.


