Understanding the power of the Popi Act
Marketing Fanatics digital specialist Kirstin Harris, recently delivered an informative presentation at the Ekurhuleni Business Initiative (EBI) of the Protection of Personal Information (Popi) Act.
She also covered the significant impact it bears on individuals and businesses from a marketing perspective.
“The marketing space is evolving at a rapid pace with a clear shift in mindsets, as well as a distinct level of governance in the way marketing is practised,” Harris said.
The South African National Government published the Popi Act in the Government Gazette in November 2013, directly impacting several industries, including the marketing and communications industry.
According to her, the aims of the Act were clearly defined as establishing how information is collected and processed, establishing an Informational Regulator to regulate the collection of the information, regulating the flow of information across South African borders and, most importantly, giving rights to South Africans receiving unsolicited communication.
Harris elaborated on practical everyday examples in which we divulge our information without ensuring we ask the correct questions.
“With reference to opening bank accounts we provide a vast amount of information, yet we neglect to understand how this information will be stored and used in the future. The Popi Act now gives individuals the right to ask businesses and service providers how will our information be used.”
Ideally compared to basic rights enjoyed by all South Africans, the Popi Act is applicable to any person or business.
Harris explains that if you receive or give any personal information to another party, then Popi applies to you.
“Consumer intelligence and buying power is changing the way companies market their products and services. The Popi Act now places businesses under legal obligation to take responsibility for collecting, processing and using, storing and sharing customer information.
“As per the South Africa legal system, failure to comply with the Popi Act will result in legal ramifications.”
Harris adds that the penalties for failing to comply are a possible 10-year jail term or a R10-million fine.
Harris elaborated on the eight information protection principles for compliance:
* Accountability – companies are now accountable for overseeing their compliance.
* Processing limitation – consent and purpose. This simply means the processing of information or sharing of information has to be done under explicit consent from the individual in question. Information collected should be in relation to the purpose.
* Purpose specification – individuals should be fully aware of what their information will be used for.
* Further processing limitation – this principle further highlights the legal obligation businesses have to use the personal information for specific and legitimate purposes.
* Information quality – organisations are required to ensure that personal information that they process is complete accurate, not misleading and updates were necessary.
* Openness – individuals must be informed of what information is being held by specific entities.
* Security safeguards – organisations are required to ensure that all personal information is kept secure and should any information be compromised, affected persons should be notified immediately.
* Data subject participation – what you say goes. After having handed information over to a business you are able to request any changes or deletion.
According to Harris, the Popi Act is changing the way responsible marketing agencies conduct their daily business and creating great opportunities to engage in meaningful marketing activities.
