South Africa’s Information Regulator has announced that it issued its first enforcement notice resulting from a direct marketing complaint.
“Regardless of the multiple attempts to opt out and requests to be removed from the company emailing list, FR Ram Consulting blatantly ignored the pleas from the data subject and continued to send them marketing messages on email.” It had been instructed to stop sending unsolicited direct marketing messages by any means of electronic communication to which any data subject has not consented.
It has 90 days to comply with the watchdog’s instructions, and non-compliance will result in a fine of up to R10 million or imprisonment for up to ten years. “POPIA defines consent as voluntary, specific, and informed expression of will in terms of which permission is given for the processing of personal information.”