PROJECT: THE POPIA ACT AND WHATSAPP GROUPS AND MESSAGES
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- Apr 29
- 5 min read
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The Protection of Personal Information Act (POPIA), which came into full effect in South Africa on 1 July 2021,
is designed to regulate how personal information is collected, processed, stored, and shared.
Although many associate POPIA with businesses and formal data collection systems,
it also has implications for everyday communication tools, particularly WhatsApp.
POPIA AND WHATSAPP GROUPS:
PERSONAL VS BUSINESS USE:
Personal or household WhatsApp groups (such as family, friends, or social groups) are exempt from the POPIA Act.
These are considered "purely personal or household activities" and do not fall under the formal definition of "processing for commercial or official purposes."
However, when a WhatsApp group is used in a business, community, school, or professional setting (e.g., sports teams, churches, clients, employee groups), the Protection of Personal Information Act (POPIA) does apply.
WHAT POPIA REQUIRES IN BUSINESS/ORGANISATIONAL WHATSAPP GROUPS:
CONSENT BEFORE ADDING MEMBERS:
Administrators must obtain explicit and informed consent before adding someone to a group where their phone number, name, or profile photo may be visible to other members.
DISCLOSURE AND PURPOSE:
Group members must be informed of the group's purpose and how their personal information will be used and stored.
OPT-OUT OPTION:
Members must be able to easily leave the group and have their data removed upon request.
Continued messaging after such a request could violate POPIA.
DATA MINIMISATION:
Only necessary personal information should be shared, and sensitive or unrelated data should be avoided.
POPIA AND WHATSAPP PERSONAL MESSAGES:
Even one-on-one or private messages can fall under POPIA if they involve the handling of someone else's personal information for a non-personal reason (e.g., business, political, or marketing communication).
EXAMPLES WHERE POPIA MAY APPLY TO MESSAGES:
Sending someone’s personal contact details to a third party without permission.
Forwarding images or documents that contain identifiable personal information (such as IDs or payslips).
Using WhatsApp to market products or services to individuals without their prior consent.
Storing someone’s details without securing them properly (e.g., sharing screenshots or exporting data).
BEST PRACTICES FOR WHATSAPP USE UNDER POPIA:
Always ask before adding people to groups.
Do not share someone’s contact details without permission.
Avoid forwarding messages that contain personal or sensitive information.
Keep group messages relevant to the stated purpose.
Offer clear opt-out options in business-related communications.
PENALTIES FOR NON-COMPLIANCE:
The consequences of violating POPIA can be severe:
Administrative fines of up to R10 million.
Civil claims from affected individuals.
Reputational damage to individuals or organisations.
POPIA is not designed to interfere with your personal communications but aims to ensure that people’s personal information is handled with care and respect, whether in formal WhatsApp groups or in private messages with a business intention.
South Africans should become more mindful of how they collect, share, and store contact details and personal data on messaging platforms like WhatsApp. In a digital age where privacy breaches are increasingly common,
POPIA helps to draw the line between casual communication and responsible information handling.
THE MISUSE OF THE POPIA ACT:
The Protection of Personal Information Act (POPIA) was introduced in South Africa to protect individuals' personal data from abuse and to ensure privacy in the digital age.
However, it is increasingly being misused by individuals and organisations involved in criminal or unethical conduct who attempt to hide behind the law to avoid accountability, exposure, or investigation.
Many people are under the false impression that POPIA prohibits the sharing of any personal information—even in cases involving criminal activity, fraud, or matters of public interest.
This is not true.
WHEN THE USE OF PERSONAL INFORMATION IS JUSTIFIED:
POPIA allows for certain legal exemptions, including the following:
PUBLIC INTEREST OR JOURNALISTIC PURPOSES:
Information may be lawfully shared when it serves the public good, exposes criminal behaviour, or helps to prevent harm.
LEGAL INVESTIGATIONS AND LAW ENFORCEMENT:
POPIA does not prevent the use of personal information during official investigations by private investigators, police, or legal bodies.
CONSENT OR CONTRACTUAL NECESSITY:
If an individual has given prior consent, or if the information is necessary to fulfil a contract or legal obligation, POPIA does not apply as a restriction.
THE DANGERS OF MISINTERPRETATION OR DELIBERATE MISUSE OF POPIA:
Criminals are increasingly hiding behind POPIA to avoid scrutiny, delay investigations, or threaten whistleblowers and victims.
The law is sometimes used to intimidate journalists, investigators, or advocacy groups who seek to expose wrongdoing.
This misuse creates a chilling effect, discouraging legitimate reports of corruption, fraud, or abuse.
POPIA was created to protect personal data, not to shield criminal behaviour or silence those who seek justice. It is essential that the public understands the true purpose of the Act and the legal exceptions that exist,
so it is not used as a smokescreen for unethical or illegal activities.
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Regards,
Mike Bolhuis
Specialist Investigators into
Serious Violent, Serious Economic Crimes & Serious Cybercrimes
PSIRA Reg. 1590364/421949
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EXTREMELY IMPORTANT: All potential clients need to be aware that owing to the nature of our work as specialist investigators there are people who have been caught on the wrong side of the law - who are trying to discredit me - Mike Bolhuis and my organisation Specialised Security Services - to get themselves off the hook. This retaliation happens on social media and creates doubt about our integrity and ability. Doubt created on social media platforms is both unwarranted and untrue. We strongly recommend that you make up your minds concerning me and our organisation only after considering all the factual information - to the exclusion of hearsay and assumptions. Furthermore, you are welcome to address your concerns directly with me should you still be unsatisfied with your conclusions. While the internet provides a lot of valuable information, it is also a platform that distributes a lot of false information. The distribution of false information, fake news, slander and hate speech constitutes a crime that can be prosecuted by law. Your own research discretion and discernment are imperative when choosing what and what not to believe.
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POPI ACT 4 of 2013 South Africa: Mike Bolhuis' "Specialised Security Services" falls under Section 6 of the act. Read more here: https://mikebh.link/fntdpv
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