Information Regulator issues new guidelines to protect voter privacy

This guidance is crucial for ensuring that personal data is handled in compliance with the Protection of Personal Information Act No. 4 of 2013 (POPIA).

The Information Regulator of South Africa has released an updated guidance note aimed at directing how political parties and independent candidates manage the personal information of voters during the campaign period of the National and Provincial Elections. This guidance is crucial for ensuring that personal data is handled in compliance with the Protection of Personal Information Act No. 4 of 2013 (POPIA).

The key focus of the guidance is on the lawful processing of personal information, detailing responsibilities under POPIA's eight conditions for such processing. This encompasses obtaining voter information directly from the voters themselves—rather than through third-party data brokers—and using this information strictly for campaign purposes.

Furthermore, the guidance prohibits sharing this collected information with other parties without explicit voter consent. This measure is intended to bolster the protection of voter information, minimizing risks associated with data privacy and the integrity of information flow essential for informed electoral participation.

Reflecting recent changes in electoral laws that now allow for independent candidates to stand in elections, the guidance also addresses evolving security concerns related to personal data and increased risks from misinformation and disinformation. It highlights the role of political entities in actively combating misinformation, including investigating and disciplining campaign staff involved in disseminating false information.

Additionally, the guidance note clarifies the application of POPIA to campaign-related activities such as the solicitation of donations. While campaigning for votes does not fall under the act's direct marketing definition, requesting donations does, and thus must adhere to POPIA's strictures regarding direct marketing.

The new guidelines serve as a vital update to the initial guidance issued before the local government elections in 2019, accounting for the dynamic challenges faced in today's digital and informational landscape. This initiative not only seeks to safeguard personal information but also to foster a trustworthy environment conducive to free and fair elections.