Draft POPI regulations published

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The draft POPI regulations have been published and they are certainly interesting. In particular the direct marketing provisions will probably cause some heart attacks among marketers. The regulations require that form 4 be used in order to get a customer to agree to receive direct marketing. 

The form can be found below and the chances of getting any customers to actually agree to this are vanishingly small. The actual form can be found below. (No seriously, this really is the form).  

 

FORM 4

APPLICATION FOR THE CONSENT OF A DATA SUBJECT FOR THE PROCESSING OF PERSONAL INFORMATION FOR THE PURPOSE OF DIRECT MARKETING IN TERMS OF SECTION 69(2) OF THE PROTECTION OF PERSONAL INFORMATION ACT, 2013 (ACT NO. 4 OF 2013)

REGULATIONS RELATING TO THE PROTECTION OF PERSONAL INFORMATION, 2017

[Regulation 6]

 

TO: __________________________________________ __________________________________________ __________________________________________ __________________________________________

(Name and address of data subject)

 

FROM: __________________________________________ __________________________________________ __________________________________________ __________________________________________

Contact number(s): __________________________________________

Fax number: __________________________________________

E-mail address: __________________________________________

 

(Name, address and contact details of responsible party)

 

Dear *Mr/Ms/Dr/Adv/Prof ___________________________

PART A

1. In terms of section 69 of the Protection of Personal Information Act, 2013 (Act No. 4 of 2013), the processing of personal information of a data subject (the person to whom personal information relates) for the purpose of direct marketing by means of any form of electronic communication, including automatic calling machines, facsimile machines, SMSs or e-mail is prohibited unless written consent to the processing is given by the data subject. You may only be approached once for your consent by this responsible party. After you have indicated your wishes in Part B, you are kindly requested to submit this Form either by post, facsimile or e-mail to the address, facsimile number or e-mail address as stated above.

2. "Processing” means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including—

.    (a)  the collection, receipt, recording, organisation, collation, storage, updating or 
modification, retrieval, alteration, consultation or use; 


.    (b)  dissemination by means of transmission, distribution or making available in any other 
form; or 


.    (c)  merging, linking, as well as restriction, degradation, erasure or destruction of information. 


3. “Personal information” means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including, but not limited to—

.    (a)  information relating to the race, gender, sex, pregnancy, marital status, national, ethnic 
or social origin, colour, sexual orientation, age, physical or mental health, well-being, 
disability, religion, conscience, belief, culture, language and birth of the person; 


.    (b)  information relating to the education or the medical, financial, criminal or employment 
history of the person; 


.    (c)  any identifying number, symbol, e-mail address, physical address, telephone number, 
location information, online identifier or other particular assignment to the person; 


.    (d)  the biometric information of the person; 


.    (e)  the personal opinions, views or preferences of the person; 


.    (f)  correspondence sent by the person that is implicitly or explicitly of a private or 
confidential nature or further correspondence that would reveal the contents of the 
original correspondence; 


.    (g)  the views or opinions of another individual about the person; and 


.    (h)  the name of the person if it appears with other personal information relating to the 
person or if the disclosure of the name itself would reveal information about the person. 


__________________________________________

(Signature of person authorised by responsible party)

Full names and designation of person signing on behalf of responsible party:

Date:______________________________________

 

PART B

I, __________________________________________(full names) hereby:

Consent to goods and services to be marketed by means of unsolicited electronic communication.

 

SPECIFY GOODS AND SERVICES:

SPECIFY METHOD OF COMMUNICATION:

FAX :
E-MAIL :
SMS :
OTHERS – SPECIFY:

 

  Give my consent.

   Do not give my consent.


 

Signed at .......................................... this ...................... day of ...........................20............

 

 

...........................................................................

Signature of data subject