Personal Information available on the net

TehStranger said:
Here's the thing, they don't even need your ID number. There are platforms available to estate agents that allow them to click on basically any property (complex or otherwise, all laid out nicely in a Google maps interface) and get information about of the homeowner (i.e. when you bought the place, if there is a bond registered against it, how much you paid, as well as your initials). They can then click on your profile and perform a paid search which then gives them access to your ID number, contact details (cell, work number, etc.).

The information isn't always accurate, but yeah, easy enough to register and use these platforms. They also show all registered properties currently for sale in an area, with a direct link to the listing on some sites (such as property24).

There are numerous other searches and reports they can pull and access.
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Is it legal to do that without your permission?
 
Milano said:
My right to privacy trumps your right to try and sell me your unsolicited goods and/or services. Furthermore you are required to provide me with full details on where you sourced my information. And then when POPI is enforced you will be liable for a fine up to R10m or time at Pollsmoor :)
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This is my sentiment exactly. If I wanted/needed another agent, i would have contacted someone i would want to enter into a commercial agreement with.

Unfortunately not going to share the link... Unless it involves a legal mechanism in shutting down this site/ensuring a criminal charge can be laid against to owner of the site or similar :o
 
JCM said:
Is it legal to do that without your permission?
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One most of these searches, yes, as it's basically just a collation of publically available information in a convenient format. However some searches need your permission.

liv said:
This is my sentiment exactly. If I wanted/needed another agent, i would have contacted someone i would want to enter into a commercial agreement with.

Unfortunately not going to share the link... Unless it involves a legal mechanism in shutting down this site/ensuring a criminal charge can be laid against to owner of the site or similar :o
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And how exactly are you going to lay a criminal charge? Please follow through with this and report back on your experiences.
 
liv said:
Unfortunately not going to share the link... Unless it involves a legal mechanism in shutting down this site/ensuring a criminal charge can be laid against to owner of the site or similar :o
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Why? The information at the deeds office is public record.
 
JCM said:
Is it legal to do that without your permission?
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Not as far as I understand - which is the objective of this post. What can we do to ensure this information can be protected?
 
Milano said:
My right to privacy trumps your right to try and sell me your unsolicited goods and/or services. Furthermore you are required to provide me with full details on where you sourced my information. And then when POPI is enforced you will be liable for a fine up to R10m or time at Pollsmoor :)
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I think you are mis-interpreting the law here.
 
JCM said:
Is it legal to do that without your permission?
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Certain information is on public record such as the deeds office information. They simply provide a platform to access the deeds office information.

No permission is needed to access public information.
 
TehStranger said:
One most of these searches, yes, as it's basically just a collation of publically available information in a convenient format. However some searches need your permission.



And how exactly are you going to lay a criminal charge? Please follow through with this and report back on your experiences.
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I think you're missing the point... Would love to do something about it (whatever the options are that are available) - i didn't say this is a route i AM following.

From the sounds of it (from the majority of replies), is that these practices should be condoned as the information that is provided is a matter of public record.
 
liv said:
I think you're missing the point... Would love to do something about it (whatever the options are that are available) - i didn't say this is a route i AM following.

From the sounds of it (from the majority of replies), is that these practices should be condoned as the information that is provided is a matter of public record.
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If its public record, then its public record. Its not about condoning the practice or anything of the sort.

You may have a bit of a rant at the agents contacting you wanting to list your property, but what they are doing is not illegal and they are not getting your information in an illegal fashion either.
 
Information may be a matter of public record however how one uses that information is controlled by a number of legislated Acts.
 
Milano said:
Not at all. This is as it stands. It is up to a court to make judgement. POPI will just make it much easier once all aspects of POPI are enforced.
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How does getting your public information violate POPI?
 
DA-LION-619 said:
How does getting your public information violate POPI?
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Referring to unsolicited calls once POPI is enforced.

Cold-call pests face jail
Shenaaz Jamal | 10 September, 2015 00:10

Consumers could soon get their own back on the persistent and irritating telemarketing companies that harass them.

Pesky telemarketers could face a R10-million fine or even time in prison for contacting you without your permission.

The Protection of Personal Information Act, intended to shield consumers from unlawful direct marketing, will prohibit the use of personal information without prior consent.

With the establishment of regulators and the provisions of the act coming into full effect, direct-marketing companies will be monitored and penalised if found to be contravening the law.

Telemarketing expert and CEO of the Marketing Association of SA, Lovemore Mushayanyama, said companies that relied on telemarketing would be stifled by the new law and would incur costs in order to comply with it.

"Consumers, on the other hand, are going to benefit from this as their privacy will be protected.

"If companies comply with the law it will benefit them because consumers will be more receptive to calls as they have given their consent to be contacted," Mushayanyama said.

http://www.timeslive.co.za/thetimes/2015/09/10/Cold-call-pests-face-jail1
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Yeah, I assume in it's final form this act will be much like sect 22 and 23 of the constitution which tacitly allow labour brokers to continue in existence.

Ah, right as per Da Lion:

What about telephone calls and cold calls?
You may still do this even without consent but remember to have processes in place to handle opt-out as well as dealing with the client’s disputes/queries which you need to be able to disclose as per section 18 of POPI, things like
Where was the information obtained
What is done with information
Disposal of the information
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liv said:
I think you're missing the point... Would love to do something about it (whatever the options are that are available) - i didn't say this is a route i AM following.

From the sounds of it (from the majority of replies), is that these practices should be condoned as the information that is provided is a matter of public record.
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Look, I get that you're upset, but put the threat of criminal charges et al away, online bluster never did anyone any good. The practice is legal and agents wouldn't bother with it if it never generated leads. It's legal, it works for the, it pisses you off, case closed.
 
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