As consumers, we generate unprecedented volumes of digital information daily and our devices and networks store that information about us. We are faced with unprecedented levels of surveillance of our private lives by businesses such as internet, cellphone and software service providers, credit bureaux, social media platforms and research consultants like the notorious Cambridge Analytica. A better organised and resourced government than ours would also have the capacity to gather and use scary amounts of information about us.
Data security and the protection of personal information have consequently become key in protecting consumers. But since this is a relatively new area of the law, our laws such as POPI are often blunt instruments. For example:
If the data subject consents to the use of their data, POPI’s requirements are largely met and fall away. Let’s be honest- consumers are suffering from “opt-in fatigue”, as we are perpetually required to consent in the broadest possible terms to our personal information being processed in exchange for access to services, so most people simply consent. That one act of consent applies to all your data provided to that company until you die. No-one has the time or expertise to study privacy policies before consenting.
We are noticing various examples of misuses of POPI, gaps in its armour and unintended consequences that are impacting on consumers’ rights to access information.
Here are a few examples:
- When POPI is used as an excuse to prevent disclosure of information which is important to society-
the Matric results which are not being publishes by the Department of Basic Education
- A skewed compliance capacity-
our firm has identified 72 compliance duties imposed by POPI that will apply to even the smallest operator- a school kid gathering names and contact details for the school raffle, a pensioner who rents out a room in the house to a tenant etc. Compliance with all of the duties is difficult for even a huge player like the SA government, or Facebook, but really becomes impossible and unaffordable for small processors.