Presentation – Mobile Show Africa 2012

How to utterly wreck your relationship with

your customers

(and invade their privacy)

Sunday 09 September 12

@pauljacobson*

* Tweet about this talk!


https://twitter.com/pauljacobson

https://twitter.com/pauljacobson

Disclaimer:Don’t try this for real, kids!*

Some of this stuff is parody! Don’t actually do this stuff – that would be bad.


Mi data es su data, right?


“Everyone has the right to privacy ...”


The Consumer Protection Act and the right to privacy


11. (1) The right of every person to privacy includes the right to—(a) refuse to accept;(b) require another person to discontinue; or(c) in the case of an approach other than in person, to

pre-emptively block, any approach or communication to that person, if the approach or communication is primarily for the purpose of direct marketing.


POPI Shmopi!

Administrative penalties

R10 million fines

Civil liability

Imprisonment

Whateva!


Well, not quite ...


POPI-style protections in the WASPA Code (v12.1)


A "commercial message" is a message sent by SMS or MMS or similar protocol for commercial purposes. (See also "direct marketing message" below.)

A "direct marketing message" is a commercial message sent by SMS or MMS or similar protocol that is designed to promote the sale or demand of goods or services whether or not it invites or solicits a response from a recipient.


Call, message, email ... 24/7!


Of course they want to hear from you!*

*They glanced in your direction, didn’t they? Such teases!Sunday 09 September 12

Well, not really ...


Consumers have a right to decide whether you may

contact and when you must stop.


No direct marketing:

• Sundays and public holidays;

• Before 09h00 and after 13h00 on Saturdays;

• Between 20h00 and 08h00 on all other days


oh well ...


Privacy policy? Who reads those anyway?


No informed consent = privacy violation


Privacy policy tips

• Plain language

• Describe personal information collected

• Explain what the personal information will be used for

• Explain when personal information will be disclosed to 3rd parties

• Do it properly


Exercise caution with children


And if I don’t?


It’s only your reputation ...


Consumers have various enforcement options


Social Web


WASPA Code

• Complaints

• Fines

• Denial of service by members and network providers


National Consumer Commission

• Compliance notices

• Fines of R1 000 00 or 10% of annual turnover

• Imprisonment


Courts


Thank you!

Visit webtechlaw.com/mobile-show-2012 for related materials


http://webtechlaw.com/mobile-show-2012

http://webtechlaw.com/mobile-show-2012

Paul [email protected]

@webtechlawwebtechlaw.com


mailto:[email protected]

mailto:[email protected]

About the photos ...

© Paul Jacobson and licensed CC BY-NC-SA 3.0


http://creativecommons.org/licenses/by-nc-sa/3.0/deed.en_GB

http://creativecommons.org/licenses/by-nc-sa/3.0/deed.en_GB

Presentation – Mobile Show Africa 2012

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Transcript of Presentation – Mobile Show Africa 2012