WhatsApp group admins and POPIA — what you should know
The Protection of Personal Information Act (POPIA or POPI) came into effect on 1 July. The act affects how business WhatsApp groups function but has no impact on personal groups.
The POPIA promotes the protection of personal information processed by public and private bodies.
The act introduces conditions to establish minimum requirements for the processing of personal information.
Before the POPIA came into effect, many WhatsApp group admins posted messages to obtain consent from members to be part of the group.
These messages informed members that they were entitled to refuse such consent, and you may exercise such a right by leaving this group.
These messages were unnecessary in most cases as the Act does not apply to the processing of personal information for personal or household activity.
WhatsApp groups for business purposes, however, are impacted by POPIA.
Dario Milo, media law expert and a partner at Webber Wentzel attorneys, said the WhatsApp administrator appointed by the company would have to ensure there is compliance with the POPIA.
“One of the things to do to comply with POPI — generally speaking — is to get consent. Consent is king,” he said.
“If you get consent from the data subjects like employees, customers, or suppliers, then you can process their information.”
He said that is why we have seen many of these WhatsApp messages going around asking if you consent.
“I think it is overkill because a family group, for example, is not required to comply with the POPIA as it is purely personal activity — not regulated by the Act at all.”
Businesses are, however, required to comply with the POPIA and must therefore get consent when communicating through WhatsApp groups.
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