An intriguing situation is unfolding as Truecaller faces scrutiny for allegedly breaching the Protection of Personal Information Act (POPIA). For those who may not be familiar, Truecaller is a valuable mobile application that assists users in identifying unknown callers, including those from direct marketing and spam.
This week, the Information Regulator has officially announced the investigation into Truecaller. Direct marketing professionals have raised concerns that the Truecaller app negatively impacts their operations by flagging their numbers and unlawfully disseminating their information.
TRUECALLER UNDER INVESTIGATION
The Truecaller app is widely utilized by South Africans to recognize unknown calls, particularly those originating from call centers. Its underlying technology employs an AI-driven system to identify and block unwanted calls. Nonetheless, the Information Regulator has confirmed that Truecaller is facing allegations of disrupting the operations of direct marketing firms, as reported by The Citizen.
“Only upon conclusion of the investigation will we make a pronouncement. The complainant alleges that Truecaller interferes with these companies’ right to privacy,” a representative from the regulator stated. Meanwhile, legal experts indicate that the regulator will need to present substantial evidence that demonstrates the app’s detrimental effect on businesses.
FASCINATING CASE
As the investigation into Truecaller unfolds in South Africa, it presents a compelling case. The Information Regulator has established rigorous guidelines for direct marketers. Thus, individuals have every right to avoid unwanted communications. Consequently, those making complaints must demonstrate a clear connection to the harm that Truecaller allegedly causes to their enterprises.
On the other hand, legal analysts assert that a compelling case can be made that Truecaller potentially contravenes multiple POPIA stipulations. If a call center attempts to reach a customer and that number is identified as spam, it is likely the customer will choose not to answer. This raises an important question: how can a call center effectively reach customers without Truecaller categorizing their number as spam?
BALANCING ACT
Thus, the Information Regulator has the challenging task of balancing data protection while still allowing individuals to conduct business. Meanwhile, you can take proactive steps to eliminate unwanted spam communications. If you wish to opt out of direct marketing calls, you can visit The Direct Marketing Association’s opt-out service. A simple registration with your details will ensure that members of the association do not reach out to you.
In conclusion, the ongoing inquiry into Truecaller for alleged violations of POPIA may set significant standards for other technology platforms in South Africa. The regulator has previously imposed penalties up to R5 million for violations of POPIA. Should Truecaller be found to be non-compliant, it risks facing similar or even greater fines and/or enforced data deletions.
