The Information Regulator has referred MTN and OUTsurance to its Enforcement Committee over potential breaches of data protection laws relating to unsolicited direct marketing.

The Information Regulator has announced that MTN and Outsurance have been referred to its Enforcement Committee for consideration of potential breaches of South Africa’s data protection laws.

In a press briefing, Chairperson Pansy Tlakula said the referrals form part of the regulator’s efforts to address growing concerns around the protection and use of personal information.

"Two direct marketing matters, mainly OUTsurance and MTN, have been referred to the enforcement committee. These matters are significant because they raise important questions regarding the interpretation and application of section 69 of POPIA on direct marketing by means of unsolicited electronic communication," she said.

"The outcome of these matters will be important in providing greater certainty to both responsible parties and data subjects. We emphasise that POPIA is not an obstacle to legitimate commerce. It is a framework within which commerce must take place lawfully and fairly."