Whatsapp Groups & POPI Act

[mauzilla]

Are there any compliance requirements for Whatsapp Groups regarding the POPI act? If I have a community group (so admin of one), and I allow / add people to the group (where they can see each others contact information), are there any compliance regarding this? Can someone for example take action against group admins if they feel they did not want to be on the group and had their contact information (like telephone number) public on the whatsapp group? They can offcourse remove themselves, but is there a legal concern for group admins?

 

[RedViking]

Why do you add my number to your group if I did not ask you to add it?

Just don't.

If THEY ask you to add the number, then there should be no problem. If YOU just do it without their consent, there will be problems.

 

[mauzilla]

It's for our complex, a notification group. The group intent is to share complex related information (currently messages are sent 1 by 1) - What we're trying to avoid is disgruntle owners complaining that other owners can see their phone numbers.

So I'll take it that with consent it's fine, without consent not?

 

[RedViking]

It's for our complex, a notification group. The group intent is to share complex related information (currently messages are sent 1 by 1) - What we're trying to avoid is disgruntle owners complaining that other owners can see their phone numbers.

So I'll take it that with consent it's fine, without consent not?

Not fine. You need their approval in some form.

 

[Pineapple Smurf]

Would also like to know
We have 2 groups
1 group for all Owners
1 group for all Residents

 

[RedViking]

Would also like to know
We have 2 groups
1 group for all Owners
1 group for all Residents

Our group you need to ask if your number can be added. They can't just add you unless there was a prior agreement, which most don't have.

 

[Kosmik]

You need initial consent and actually from July you need to reaffirm consent to existing, by a single communication and if no response is received or a negative, you must remove that person.

 

[Dairyfarmer]

Move to Telegram and create broadcast groups. No one can see who is in the group except admins.

 

[Mortymoose]

Would also like to know
We have 2 groups
1 group for all Owners
1 group for all Residents

How many caravans is this then?

 

[RedViking]

Maybe worth a read as well

Updated rules for complexes and estates in South Africa coming in the next few weeks

Community housing schemes in South Africa have until 30 June 2021 to ensure complete compliance with the Protection of Personal Information (POPI) Act, warn property experts.

businesstech.co.za

 

[purple face]

How many caravans is this then?

lol

 

[Speedster]

Move to Telegram and create broadcast groups. No one can see who is in the group except admins.

Or even just normal telegram groups. You still can't see contact details of group members.

 

[maumau]

Move to Telegram and create broadcast groups. No one can see who is in the group except admins.

I wouldn't want to be a member if I can't see who else is in the group - FK 'em

 

[thestaggy]

You need initial consent and actually from July you need to reaffirm consent to existing, by a single communication and if no response is received or a negative, you must remove that person.

If I understand this correctly, moving forward I can cite POPI to stop people from randomly adding me to their BS WhatsApp groups?

 

[Kosmik]

If I understand this correctly, moving forward I can cite POPI to stop people from randomly adding me to their BS WhatsApp groups?

yep. Or just set the setting in whatsapp to block folks from adding you without your consent.

 

[rvZA]

Are there any compliance requirements for Whatsapp Groups regarding the POPI act? If I have a community group (so admin of one), and I allow / add people to the group (where they can see each others contact information), are there any compliance regarding this? Can someone for example take action against group admins if they feel they did not want to be on the group and had their contact information (like telephone number) public on the whatsapp group? They can offcourse remove themselves, but is there a legal concern for group admins?

Yes. Firstly, be sure that you inform every person you add to the group that they contact information and name / surname will be visible to fellow members. Secondly, get written consent from the person that he agrees that his information will be visible to fellow users and that you can add them to the group.

This will cover you legally if any member decides to leave the group and state that you have added them to the group and displayed their personal information to third-parties or other members.

 

[phLOx]

I don't know legaleze so I cannot give you the answer you want but if I had to make a plan for this on what I've seen before, I would add a clause in the resident's contracts where they are obliged to be in this group using a number that is always reachable. It doesn't have to be their main number, but they have to be reachable by yourself or other residents.
Many "homeowner's association" contracts have way worse "signing your rights away" clauses than this.