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Truecaller under investigation for violating THIS law
Truecaller under investigation for violating THIS law

The South African

time3 days ago

  • Business
  • The South African

Truecaller under investigation for violating THIS law

A fascinating case is underway that sees Truecaller under investigation for violating the Protection of Personal Information Act (POPIA). For those who are unaware, Truecaller is an excellent mobile app that helps identify unknown, direct marketer and spam callers. However, as of this week, the Information Regulator confirms it has put Truecaller under investigation. Direct marketers are complaining that the Trucaller app harms their businesses by flaging their numbers and sharing their information illegally. South Africans use the Truecaller app extensively to identify unknown calls, especially from call centre agents. The technology behind it uses an AI-based system that identifies and flags unwanted calls. However, the Information Regulator now confirms that Truecaller is being accused of interfering with the running of these direct-marketing companies, reports 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,' confirmed the regulator. Meanwhile, law experts say the regulator would need to see concrete data showing that businesses have been affected by the mobile app. The privacy of information act, created to uphold the privacy of citizens, might be successfully used to uphold the rights of direct marketing companies. Image: File With Truecaller under investigation in South Africa, a fascinating case will ensue. The Information Regulator has very strict guidelines for direct marketers. As such, citizens have every right not to be contacted unwillingly. Therefore, the complainants must show a direct link that Truecaller is harming their business. But there's another side to the coin, because law experts say a strong argument can be made that Truecaller is at odds with several POPIA provisions. If a call centre phones a customer, and the number comes up as spam, naturally the customer won't answer that call. Here in lies the conundrum. How does a call centre then contact a customers and prevent Truecaller from reflecting the number as spam? Another way to shield yourself from spam calls is the Direct Marketing Association's opt-out service. Image: File As such, the Information Regulator needs to strike a balance between data privacy and people's rights still to do business. However, you can also be proactive in getting rid of unwanted spam. If you want to opt out from direct marketing calls, visit The Direct Marketing Association's opt-out service. Simply register your details, and those who are members of the association will no longer contact you. Nevertheless, with Truecaller under investigation for POPIA violations, the regulator's outcome will set a precedent for other tech platforms in South Africa. The regulator has previously fined companies as much as R5 million for breaches of POPIA. If found non-compliant, Truecaller might face similar or higher fines and/or data deletion enforcements. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1. Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.

'We are the voice of the people,' Truecaller says amid probe over privacy
'We are the voice of the people,' Truecaller says amid probe over privacy

The Citizen

time4 days ago

  • Business
  • The Citizen

'We are the voice of the people,' Truecaller says amid probe over privacy

SA companies and individuals have lodged a complaint against Truecaller for violating Popia. Call screening app, Truecaller, has refuted claims that their app harms businesses, saying every individual has an 'inherent fundamental right to know who is calling them and the company enables their users to exercise it'. This comes after the Information Regulator confirmed it is investigating a complaint against Truecaller by several companies and individuals for violating the Protection of Personal Information Act (Popia). South Africans use the app extensively to identify unknown calls, especially from call centre agents. However, companies have complained that the Trucaller app harms their businesses because it flags their numbers and charges a fee to whitelist them. Truecaller responds However, the company has denied the allegations. An official Truecaller spokesperson told The Citizen that its mission is to 'empower users and make their communication safe and trustworthy.' 'We uphold the highest standards of data practices, whether it's about putting users in control of the information they share with us, minimising what data is processed through our servers or even the ability to completely remove themselves from Truecaller without any restrictions whatsoever. 'Truecaller is about providing users with safety in communication. The notion about whitelisting is completely false,' Trucaller said. ALSO READ: SA companies lodge complaint against Truecaller app for violating Popia Whitelisting The spokesperson added that businesses cannot pay Truecaller for any sort of whitelisting services. 'Truecaller does not offer any sort of whitelisting service to any person or business, in any region, regardless of any fee. If a business spams Truecaller users, and users report it as a spammer, it will be marked as a spammer. It is our job to protect people from unwanted communication, and we will always uphold that promise,' the spokesperson said. Patriotic While Truecaller is a call screening app, the company emphasised a patriotic stance reminiscent of a political party. 'We are the voice of the people and allow them to choose who is a spammer and who is not. The fee that Truecaller charges is for the 'Truecaller for Business' service, which allows them to verify their correct business name and include a logo with their Truecaller profile.' 'Upon validating their ownership of the given number with Truecaller, they also receive a verified business badge, the spokesperson said. ALSO READ: South Africa's Information Regulator acts against FT Rams over privacy law breach The spokesperson said this ensures users know that the number has been validated by Truecaller, and it belongs to the business to which it is attributed. This, it says, helps avoid scams and impersonation-type fraud. Trucaller offers three paid packages for its services, Premium, Family and Gold with subscriptions starting at R199 per year for Premium to R1 490 per year for the Gold package. Lawyers weigh in Werksmans Attorneys director Ahmore Burger-Smidt said the call screening app was at odds with several Popia provisions. However, law firm Norton Rose Fulbright's Rosalind Lake told The Citizen the Information Regulator would need to show a direct link that businesses have been affected by the Truecaller app. ALSO READ: Information regulator slaps DoJ with R5m fine for contravening privacy act

Truecaller users in SA warned about app violating Popia act
Truecaller users in SA warned about app violating Popia act

The Citizen

time5 days ago

  • Business
  • The Citizen

Truecaller users in SA warned about app violating Popia act

Companies have complained that Truecaller harms their businesses and charges a fee for them to be whitelisted. The Information Regulator has confirmed it is investigating a complaint against Truecaller by several companies and individuals for violating the Protection of Personal Information Act (Popia). Truecaller is a mobile app that helps users identify unknown callers, block spam and scam calls, and manage their communication more effectively. Truecaller It also acts as a caller ID and spam blocker, using an AI community-based system to identify and flag potentially unwanted calls and messages. South Africans use the app extensively to identify unknown calls, especially from call centre agents. Companies have complained that the Trucaller app harms their businesses because it flags their numbers and charges a fee to whitelist them. Investigation The Information Regulator's spokesperson Nomzamo Zondi said Truecaller has been accused of interfering with the privacy of an individual. 'We received a complaint from a data subject that Truecaller allegedly interfered with their right to privacy, and the matter is still under investigation. 'Only upon conclusion of the investigation, we will make a pronouncement,' Zondi said. ALSO READ: South Africa's Information Regulator acts against FT Rams over privacy law breach Direct link Law firm Norton Rose Fulbright's Rosalind Lake told The Citizen the Information Regulator would need to show a direct link that businesses have been affected by the Truecaller app. 'There's been a lot of scrutiny by the Information Regulator about direct marketing, and they have issued guidelines regarding direct marketing, and it's something that the regulator is very focused on. 'I think… data subjects (people) want the right to not be contacted, and so for any kind of claim, they have to show that there's a direct link in what Truecaller does and the harm to business, and I'm not sure that that is immediately apparent,' Lake said. Popia provisions Werksmans Attorneys director Ahmore Burger-Smidt told The Citizen that Truecaller was at odds with several Popia provisions. 'In the first instance, we need to recognise that there are two sides to this proverbial coin that we looking at. On the one hand, we've got South African citizens, individuals that receive unwanted calls, and they do have the right in terms of the protection of personal information to say we do not want these calls, and we feel we do not want spam, do not phone me and delete my number from your database. 'Truecaller fulfils this function, that you receive a call and you can say this is spam. [You can say] I don't want them to call me and then they get flagged on the Truecaller side as a spam number,' Burger-Smidt said. Spam She said if someone notifies Truecaller of a spam number, it means the call centre of the company that the number belongs to will not be able to reach its legitimate customers who have the Truecaller app on their mobile phones. 'The call centre phones the customer, the number will come up as spam and naturally the customer won't answer the call. Here lies the conundrum. How do I still, as a [call centre] contact my customers, and how do I prevent Truecaller from reflecting my call centre number as a spam number? 'So, on one side there are people and individuals that find it extremely helpful and on the other side of the coin people trying to reach their customers find it terribly frustrating,' Burger-Smidt said. ALSO READ: Google to study Competition Commission report on R500m payment Tough balance Lake said there's always a tough balance between data privacy and people's rights to carry on with their business. 'There are clear rules under Popia for people to engage in goal for direct marketing and they should do so and also for consumers, the Direct Marketing Association runs a website called where people can register the details, and so that people who are members of the Direct Marketing Association will not contact people who registered on that site.' Violation The Information Regulator's investigation could set a precedent for how tech platforms handle South African data. If found non-compliant, Truecaller might face enforcement notices, requiring changes like better consent mechanisms or data deletion options. The regulator has previously fined companies for Popia breaches, including a R5 million penalty against a direct marketer in 2023 for spam messages. The Citizen has contacted Truecaller for comment. It will be added to the story when received. ALSO READ: Information regulator slaps DoJ with R5m fine for contravening privacy act

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