A fascinating case is underway that sees Truecaller under investigation for violating the Protection of Personal Information Act (POPIA). For those who are unaware, Truecaller is an excellent mobile app that helps identify unknown, direct marketer and spam callers.
However, as of this week, the Information Regulator confirms it has put Truecaller under investigation. Direct marketers are complaining that the Trucaller app harms their businesses by flaging their numbers and sharing their information illegally.
TRUECALLER UNDER INVESTIGATION
South Africans use the Truecaller app extensively to identify unknown calls, especially from call centre agents. The technology behind it uses an AI-based system that identifies and flags unwanted calls. However, the Information Regulator now confirms that Truecaller is being accused of interfering with the running of these direct-marketing companies, reports The Citizen.
“Only upon conclusion of the investigation will we make a pronouncement. The complainant alleges that Truecaller interferes with these companies’ right to privacy,” confirmed the regulator. Meanwhile, law experts say the regulator would need to see concrete data showing that businesses have been affected by the mobile app.
FASCINATING CASE
With Truecaller under investigation in South Africa, a fascinating case will ensue. The Information Regulator has very strict guidelines for direct marketers. As such, citizens have every right not to be contacted unwillingly. Therefore, the complainants must show a direct link that Truecaller is harming their business.
But there’s another side to the coin, because law experts say a strong argument can be made that Truecaller is at odds with several POPIA provisions. If a call centre phones a customer, and the number comes up as spam, naturally the customer won’t answer that call. Here in lies the conundrum. How does a call centre then contact a customers and prevent Truecaller from reflecting the number as spam?
BALANCING ACT
As such, the Information Regulator needs to strike a balance between data privacy and people’s rights still to do business. However, you can also be proactive in getting rid of unwanted spam. If you want to opt out from direct marketing calls, visit The Direct Marketing Association’s opt-out service. Simply register your details, and those who are members of the association will no longer contact you.
Nevertheless, with Truecaller under investigation for POPIA violations, the regulator’s outcome will set a precedent for other tech platforms in South Africa. The regulator has previously fined companies as much as R5 million for breaches of POPIA. If found non-compliant, Truecaller might face similar or higher fines and/or data deletion enforcements.
HOW DO YOU HANDLE SPAM CALLS IN SOUTH AFRICA?
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