The Wireless Application Service Providers’ Association (WASPA) has submitted comments to the Information Regulator of South Africa regarding draft regulations which could prohibit WASPs from sending marketing messages to mobile customers without written consent.

WASPA’s comments follow the Regulator asking for feedback on the new draft regulations relating to the Protection of Personal Information Act.

The draft regulations concern the processing of personal information by public and private bodies, in addition to the use of personal data for marketing purposes.

The draft regulations detail a stringent consent system regarding direct marketing, and state the following:

A responsible party may request a data subject’s consent in writing on a form which corresponds substantially with Form 4 to the Annexure for the processing of personal information of that data subject for the purpose of direct marketing as contemplated in section 69(2) of the Act.

If the regulations are instated, WASPs may no longer be able to send

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