According to lawyers, the requirement of the Democratic Alliance (DA) that those who want to refuse to receive their SMS messages and phone calls in the first place, will provide their identification numbers, may be a violation of the Personal Information Protection Act (Popi).
A few months before the election this year, several people turned to social networks to share their frustration with the constant “forced” interaction with them, and some even went so far as to call it persecution and direct invasion of privacy. Many wondered how the party got their personal data, and some were even more upset when they were asked to provide even more information in the form of their identification numbers in order to refuse unwanted communication. DA National Representative Solly Malaci said the party fully respects the law in this regard.
“We believe that our efforts to actively engage with voters do not contradict the law and are appreciated by voters who value regular interaction with the party and receive valuable information from such interactions … Every time someone wants to refuse or unsubscribe, we process it, ” he said
Legal expert June Marks felt differently, saying that it was a “frightening” violation and invasion of privacy, and the best way to cope with this is to report this to the CA Electoral Commission. However, another legal expert, Natasha Moni, said that the potential violation of the Popi Law depends on how they managed to get personal information lists and on how the source of information provided by her marketing research company received this information. If the DA could justify its actions to the regulator, it was not against the law. However, if he could not, it was here that he would have to be brought to justice.
Despite this, she said, the party should not request identification numbers, since “there were no reasonable reasons for that.”
“When people receive these SMS messages or phone calls, they must refrain from answering them directly, otherwise they will not stop. “Instead, they should contact the regulator [of the Popi Act], report it and refuse it. There is no possible or probable reason why [DA] should request your ID, which is so expensive for your privacy. “The advantage of the regulator is that it can claim damages on your behalf if any practice of any organization contradicts this action,” Moni added.