Spammers Beware!

 Spam, unsolicited e-mails, SMS’s and telefaxes may become illegal once the Protection of Personal Information Bill which is currently before Parliament is passed and assented to by the President.

This proposed statutory intervention should not be confused with the Protection of Information Bill which was published in Government Gazette of 5 March 2010 prior to it being tabled in the National Assembly. The latter Bill will repeal the existing Protection of Information Act of 1982 and parts of the Defence Act of 2002 and is aimed at ensuring a coherent approach of State information.

When enacted, the Protection of Personal Information Bill will put an end to the irritation of consumers receiving spam and other unsolicited electronic communications. A huge industry has developed as result of call centres creating and using contact lists of potential customers without their consent. Currently there is a `free for all` situation whereby anybody who has something to sell, may forward electronic communications to potential customers.

The primary thrust of the proposed legislation is to protect personal information processed in the private as well as the public sectors. It will also regulate how information may be obtained and it is particularly sensitive on any information relating to race. The Bill, effectively proposes, to prohibit all unsolicited electronic communications which may only be allowed if the recipient has given prior consent, or in the instance of an existing customer whose details were captured in a previous transaction, provided that the communications are related to the marketing of similar products or services. Trading in databases will be prohibited.

The object of the proposed legislation is to follow the international trend from an `opt out` to an `opt in`approach which ensures consumer consent before contact is made. To ensure compliance the establishment of the Office of the Information Protection Regulator is envisaged.

Pieter Rautenbach