By Thapelo Molefe
The Information Regulator has warned political parties that they cannot buy voters’ contact details or share them with third parties for micro-targeting without their consent, as parties prepare for the upcoming local government elections.
Information Regulator chairperson Advocate Pansy Tlakula issued the warning during the launch of the National Opt-Out Registry by Trade, Industry and Competition Minister Parks Tau on Wednesday.
The issue was raised during the briefing after questions were asked about whether the new opt-out system would apply to political campaigning and how political parties would be affected by the regulations.
National Consumer Commissioner Hardin Ratshisusu said political parties contacting potential voters to communicate their political messages would generally not fall under the direct marketing provisions of the Consumer Protection Act.
“Our view is it is not,” Ratshisusu said when asked whether political campaigning constituted direct marketing.
He said political parties could contact voters about their campaigns, but the situation could be different when parties solicit donations.
“If a political party solicits donations, right? It’s calling people to ask for money or this or that donation,” Ratshisusu said, explaining that such activity could fall within the Consumer Protection Act depending on the consumer being contacted.
Tlakula, however, stressed that political parties remain bound by the Protection of Personal Information Act (POPIA) when collecting and using voters’ personal information.
“Political parties can campaign, but they must ensure that they obtain the contact details of the voters lawfully,” Tlakula said.
“They cannot buy the contact details.”
She also warned parties against sharing voters’ information with other organisations for political targeting.
“Once they have obtained the contact details lawfully, they cannot pass these contact details to third parties for micro-targeting, for instance, of voters or for polling purposes without the consent of the voters,” Tlakula said.
The comments come as political parties prepare for the upcoming local government elections, putting renewed focus on how parties obtain and use voters’ personal information during campaigns.
Ratshisusu said political campaigning was not considered direct marketing under the Consumer Protection Act, but political parties involved in direct marketing activities should register on the opt-out system.
He also said the NCC would continue engaging with major digital platforms over communications through services such as WhatsApp.
“But I think for now, if you are engaging in direct marketing, I would advise that you register on the opt-out registry,” Ratshisusu said.
The National Opt-Out Registry was launched to allow consumers to pre-emptively block unwanted direct marketing calls, SMSes and other electronic communications.
Tlakula said the distinction between political campaigning and direct marketing did not remove political parties’ obligations under POPIA.
She said parties must ensure that voters’ personal information was lawfully obtained and protected from misuse.
The warning comes as the regulator continues to deal with complaints and data breaches involving personal information.
Tlakula said the Information Regulator had received about 3,000 data breach notifications since the beginning of the year.
The regulator’s warning places restrictions on how political parties can use voters’ personal information while allowing them to continue communicating directly with voters as part of their election campaigns.
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