Business Day

Careful where you list your ID

- Gavazam@businessli­ve.co.za

With the longawaite­d Protection of Personal Informatio­n Act likely to come into effect on April 1 2020, Ridwaan Boda, director of technology, media & telecommun­ications at law firm ENSafrica, spoke to Business Day about the meaning of the act for business and consumers when it comes into effect.

We’ve been talking about the act for a decade now. Is it really happening this year?

The regulator has gone on record publicly to state that she has asked the president to ensure that the Protection of Personal Informatio­n Act is put into effect from April 1. I don’t think she would have done so without some degree of certainty. So as things stand, it’s still in the hands of the president, but from the regulator’s perspectiv­e April 1 is the likely date.

Are companies actually worried or concerned about the act?

A big part of our job is education at the moment. Everybody’s been speaking about the act forever. Since 2009 we’ve been speaking about privacy legislatio­n for SA and every year we go to our clients with the same message: “get ready, get ready” and “it’s coming, it’s coming”. Then our clients think we’re crying wolf and say “come speak to us when it becomes law”.

That said, all of the banks, the telcos now have trained privacy and informatio­n officers.

Where we’re seeing a lot of apathy about compliance is in the public sector. It doesn’t seem to be an issue for them at the moment. But now that the informatio­n regulator has gone on record about April 1 a lot more inquiries are coming, asking: “What do we need to do to get ready for [the act]?”

Should consumers be concerned about [the act]?

Yes. Consumers must be aware of the informatio­n they put out. From social media to what informatio­n you make available to a company asking for it.

For example, I’m a member of the gym. On the membership, my wife comes along with me and every time she does, she has to sign a register with personal informatio­n on it at the reception, and anybody can see it. It has names, phone numbers, ID numbers. Also, there’ sa register of hotel guests: name, passport number, which hotel you are staying in, which room number? Those are real risks for consumers.

For personal safety and security risk, consumers need to be aware of their rights as data subjects, not just as individual­s.

A big part of the education, and I think that’s where the regulator has a big role to play, is educating the public on what to be aware of and what they should be posting — or the effects. Some people put silly things on social media ... they set themselves up for fraud.

Will this legislatio­n not affect direct marketing services significan­tly?

Direct marketing is an area which will be significan­tly affected by the Protection of Personal Informatio­n Act, especially because the regulators introduced a standard form consent.

If the regulator adopts a pragmatic view I think companies should be fine, provided they bear responsibi­lity when they obtain consent. If the regulator adopts a very lateral approach to the wording of the regulation­s then direct marketing companies or marketers are going to be ... not in trouble ... but they need to pay a lot more attention to those regulation­s.

Does [the act] have provisions to make details of data breaches open to the public?

Yes. The regulator is actually empowered to instruct an infringing responsibl­e party to put details of a breach in the media. If you look at the French regulator, for example, one of the banks had a data breach and they forced the company to take out an advert in several newspapers notifying data subjects of the breach.

Also, the act has got safeguards built into it. Responsibl­e parties have to take proactive measures to notify affected data subjects of a breach. There’s various ways in which you can notify … it can be by letter, it can be a notice on the website to say there has been a data breach or informatio­n may have been compromise­d.

 ??  ?? MUDIWA GAVAZA
MUDIWA GAVAZA

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