| Authority: | Information Regulator |
|---|---|
| Jurisdiction: | South Africa |
| Relevant law: | Protection of Personal Information Act (POPIA). |
| Type: | Violation |
| Outcome: | Violation |
| Started: | N/A |
| Decided: | N/A |
| Published: | 27 February 2024 |
| Fine: | N/A |
| Parties: | FT Rams Consulting |
| Case No./Parties: | N/A |
| Appeal: | N/A |
| Original Source: | The Information Regulator |
| Original contributor: | MZIZI Africa |
The Information Regulator issued an Enforcement Notice to FT Rams Consulting for violating the Protection of Personal Information Act (POPIA) by sending persistent direct marketing messages to a data subject without their consent notwithstanding repeated requests to them to stop by the data subject.
A complaint was made by a data subject against FT Rams Consulting, a training institution, by a data subject who received numerous unsolicited direct marketing messages from the firm. Despite the data subject's attempts to opt out and requests to be removed from the company's emailing list, FT Rams Consulting continued to send marketing messages via email.
The Regulator found that FT Rams Consulting had contravened various sections of the Protection of Personal Information Act (POPIA) and interfered with the protection of the data subject's personal information. Specifically, FT Rams Consulting violated section 69 of POPIA, which regulates direct marketing by means of unsolicited electronic communications.
An Enforcement Notice was issued against FT Rams Consulting who was ordered to immediately cease sending unsolicited direct marketing messages via any electronic communication to data subjects who had not consented.
They were also instructed to compile and maintain a database of data subjects who had previously withheld or not consented to receiving unsolicited direct marketing messages.
FT Rams Consulting must demonstrate compliance to Regulator within 90 days of receiving the notice.
Non-compliance with the Enforcement Notice is considered a contravention of the law and can result in a fine of up to R10 million or imprisonment for a period not exceeding ten years, or both.
The Regulator is now putting together a guidance note to clarify the rules for processing personal information for direct marketing.
The Decision is not yet available but a press release on respect of the same is attached below.