DBM answers: Spam calls; a thing of the past?
DBM explains how new POPIA rules can help stop spam and marketing calls. Read more here:
Question: I’ve been receiving numerous calls from unknown numbers, and I always find myself caught between a telemarketer or someone trying to spam me. What can I do to make it stop?
Mamati Gumbi Answers: The Information Regulator published amendments to the Protection of Personal Information Act (POPIA) Regulations with effect from April 17, 2025, which has now provided South Africans (“data subject”) stronger protection against unwanted spam and marketing calls.
These amendments have placed stricter obligations on organisations who process personal information and has introduced requirements such as recording telephonic consent when first contacting a data subject.
The abovementioned consent requires a positive action and should be obtained in a manner that is convenient, free of charge and reasonable accessible. Therefore, opt-out clauses do not constitute consent.
Additionally, when in the process of collecting data subject’s personal information, organisations are required to inform them of their right to object.
The amendments to the Regulations provide multi-channel access to object to processing of personal information or to request the correction or deletion thereof free of charge.
The last notable point is that the regulations make it easier for data subjects with a personal interest in the issue to submit complaints to the Information Regulator while keeping their identity confidential.
These complaints are to be in writing using a prescribed form and can be sent by email, fax, post, courier or hand delivery.
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