WhatsApp group admins can stop sending around that POPIA message

Jan

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No, WhatsApp group admins don't have to send that POPIA message around

With the Protection of Personal Information Act (POPIA) set to come into full effect tomorrow, many South African companies have been sending messages to customers to notify them of their rights under the act.

This includes the ability to opt-out of marketing communications and informing the client about how they can access and manage the private information that the company processes about them.

Out of this, a chain message has spawned that is doing the rounds on the platforms like WhatsApp and Telegram.

The message claims that "administrators will be required to obtain your consent for being part of this WhatsApp group".
 
Our sectional title group proliferated the message. I wonder if I should question its basis in law :sneaky:
 
All of the groups that I am on sent the message, and many asked me to send the message to my groups. So I modified the message slightly to my own liking and this is what I sent....

WHAT YOU NEED TO KNOW ABOUT THE POPI ACT AND THIS SOCIAL MEDIA GROUP

Hi Everyone, as you know the POPI act goes into effect in South Africa on 1 July 2021. As far as this Social Media group is concerned your usage of the group is covered by the Terms of Service agreement in place between you and the creators of this App or Platform. You have a contractual agreement in place with them as long as you are using their services. But there are certain areas that are not covered by the Terms of Service in regard to POPI. So please note the following:
1) I as an Admin of this group do not store, share or sell any of your private information. I have no need to do that and I have no desire to do that. So you do not need to worry about that happening from my side. I do not create any lists or databases. As far as this Social Media group is concerned I am also a USER and I am also bound by the Terms of Service already in place.
2) But at the same I cannot prevent other people from handling your private information that is visible to the public. It is important that you understand that doing so (scraping people's information) is now illegal in terms of the POPI act, and you should get people's permission before saving or storing their information. I am not responsible for your compliance to the POPI act and I am not responsible for what other people may do with your info.
3) I may save you as a contact on my phone if I am in frequent contact with you and I am assuming that you are OK with this by being a part of the group. This is only for me to know who you are when dealing with you and again this information is not shared any further or sent onto any other party. You should know that by being part of a Social Media Group (WhatsApp or Telegram, etc.) That your number may be visible to other people and they may save you as a contact on their phone. If you do not want this to happen you should take steps to secure your own data from being publicly visible.
4) Your prior behaviour may create an impression of permission granted or "soft opt-in". This means that by being a member of this group for a certain number of years you are fine with your Cellphone Number and Name being visible. If you do not want that, then you should leave this social media group so that people cannot see your info.
5) You should not forward or share any info you obtain from these groups about people's private information without their express permission. This includes all forms of personally identifiable information including photographs, addresses and contact information. From now on you MUST get their permission before sharing their private info or doing anything with it. Do NOT just assume.
6) You may not privately contact anybody else on this group with the intention or advertise to them or to market yourself or your goods to them without first obtaining their permission to do so. If you are found to be doing this you will be banned and may face prosecution for any violations of privacy laws.
7) If you are fine with people seeing your name and number then you may stay on this group and by doing so we will assume that you are in agreement with this. But if you refuse and you do not want people to see your info, then you should leave the group immediately.
8) If you feel that your info is being mishandled you should notify the Admins of this group immediately, and you may also lodge a complaint with the Information Regulator.
You can get more information here - https://popia.co.za/
Thanks for your time and understanding.
The Admins of the Social Media Group.
 
how does sending one time help you six months down the road when there is an issue?
 
This article is even more confusing than the messages doing the rounds. Real world examples and a list of who is affected and who is not might help.
 
Oh no, somebody inquired this with me now,

Important POPI Act notice

I need to share a POPIA disclaimer as all WhatsApp groups are required to adhere to the Act from 1 July 2021.

As we all know the compliance due date for the Protection of Personal Information Act, 4 of 2013 (“POPIA”), being 30 June 2021, is steadfastly approaching. This deadline brings a few changes.

One of these changes is that the administrators will be required to obtain your consent for being part of this WhatsApp group. As such, you are herewith notified that you are entitled to refuse such consent and you may exercise such a right by leaving this group.

Should you elect to remain in this group, it will be accepted that you have consented to being a part of this group and to your personal information (being your cell phone number and name if on other persons contact lists) being noticeable to any person in this group.

In this regard, we implore on all members of this group not to make use of such personal information for whatsoever reason, without obtaining the consent of the relevant person.

:ROFL:
 
Pretty odd it mentions WhatsApp, so Telegram, Signal, etc are not included?
 
I think our law firms don't understand the issues at play here, you belong to one group which you are aware of and happy to be part of, you consent, then a person in the group makes a broadcast group sending out details about the poor weather conditions, traffic, covid19 and more and more. The group is fine but the issue is the broadcast group which has nothing to do with the original group. If the legal experts could help us.
 
I left my group, not interested in this shti as it comes with a label: 'Made-in-China'..fkcuk them as this is what they do over there and much, much more...
 
POPIA consultants hope to be doing good business from 1 July. Some of these consultants may be good but some will purely be snake oil salesmen hoping to make a quick buck.

Caveat emptor
 
I'm more concerned with all these SMSs asking you to "opt out" that no response means that you "opt in".
 
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