{"id":801382,"date":"2024-11-26T17:00:00","date_gmt":"2024-11-26T15:00:00","guid":{"rendered":"https:\/\/businesstech.co.za\/news\/?p=801382"},"modified":"2024-11-26T16:13:36","modified_gmt":"2024-11-26T14:13:36","slug":"warning-over-truecaller-and-other-spam-blockers-in-south-africa","status":"publish","type":"post","link":"https:\/\/businesstech.co.za\/news\/lifestyle\/801382\/warning-over-truecaller-and-other-spam-blockers-in-south-africa\/","title":{"rendered":"Warning over Truecaller and other spam-blockers in South Africa"},"content":{"rendered":"\n

The popular spam call identification app Truecaller is being scrutinized in South Africa amid concerns that its practices may violate the Protection of Personal Information Act (POPIA).<\/p>\n\n\n\n

While South Africa\u2019s Information Regulator has not formally investigated the app, legal experts argue that Truecaller\u2019s methods of collecting and handling data could breach the law.<\/p>\n\n\n\n

Truecaller, on the other hand, insists its practices are lawful and prioritise user privacy.<\/p>\n\n\n\n

Truecaller allows users to identify unknown callers by accessing a global database of phone numbers.<\/p>\n\n\n\n

However, its functionality depends on users granting access to their contact lists, potentially exposing others’ personal information without their knowledge or consent. <\/p>\n\n\n\n

This practice has drawn criticism from legal experts like Ahmore Burger-Smidt, head of the regulatory practice at Werksmans Attorneys, who contends that Truecaller\u2019s approach contravenes POPIA in two key ways.<\/p>\n\n\n\n

Firstly, South African law prohibits the transfer of personal information outside the country unless the recipient entity adheres to binding corporate rules or agreements that comply with POPIA. <\/p>\n\n\n\n

Truecaller, a global service, processes and stores data on international servers, raising concerns about compliance with this requirement. <\/p>\n\n\n\n

Secondly, Burger-Smidt highlights the issue of non-subscribers\u2014individuals whose information may be uploaded to Truecaller\u2019s database without their consent. <\/p>\n\n\n\n

According to her, while Truecaller shifts responsibility to its users through terms and conditions requiring them to obtain consent, the company remains the \u201cresponsible party\u201d under POPIA. <\/p>\n\n\n\n

As such, it cannot absolve itself of accountability simply because the data is collected via user actions.<\/p>\n\n\n\n

Burger-Smidt also raises a practical concern: how would non-users become aware that their information is in Truecaller\u2019s database? <\/p>\n\n\n\n

While the app offers an \u201cunlist\u201d function, its effectiveness is questionable if individuals do not know their data has been collected.<\/p>\n\n\n\n

She suggests that Truecaller notify individuals via SMS or email whenever their numbers are added, providing them with information about its privacy policy and steps to delist themselves.<\/p>\n\n\n\n

Truecaller has declined to implement such a notification system, stating that it aims to balance individuals\u2019 rights to know who calls them with their privacy.<\/p>\n\n\n\n

\"\"<\/a><\/figure>\n\n\n\n

Truecaller defends its practices by emphasising its commitment to privacy and user rights. <\/p>\n\n\n\n

A spokesperson for the company stated, \u201cEvery individual has an inherent fundamental right to know who is calling them, and we enable our users to exercise it.\u201d <\/p>\n\n\n\n

Truecaller insists that its policies comply with local laws across jurisdictions and are designed to harmonize global requirements. <\/p>\n\n\n\n

The company points to features such as enabling users to edit profiles, download their data, and deactivate their accounts as evidence of its privacy-first approach.<\/p>\n\n\n\n

However, Truecaller\u2019s explanations have not fully addressed concerns about its practices. <\/p>\n\n\n\n

Critics, including Burger-Smidt, argue that the app\u2019s reliance on user-uploaded contacts puts it at odds with POPIA, regardless of its terms and conditions. <\/p>\n\n\n\n

She cautions that users who grant apps access to their contacts should consider the broader implications for those whose data they inadvertently expose.<\/p>\n\n\n\n

Truecaller\u2019s global head of corporate communications, Hitesh Bhagat, has attempted to clarify misconceptions about the app. <\/p>\n\n\n\n

Speaking to CapeTalk<\/a>, Bhagat stated that Truecaller does not require access to users\u2019 contacts during signup. <\/p>\n\n\n\n

He explained that access is requested later for specific features, such as screening calls or using the app as a dialer. <\/p>\n\n\n\n

Bhagat also emphasised that the app does not upload phonebooks for users who download it from Google Play or the Apple App Store. <\/p>\n\n\n\n

However, he acknowledged that users who download the app directly from Truecaller\u2019s website could opt into an \u201cEnhanced Search\u201d feature, which involves uploading their contacts after obtaining consent.<\/p>\n\n\n\n

Despite the reassurances, Truecaller has not fully dispelled the legal and ethical questions surrounding its data practices. <\/p>\n\n\n\n

The Information Regulator of South Africa has confirmed to MyBroadband<\/a> that it has not received any complaints about Truecaller.<\/p>\n\n\n\n

However, spokesperson Nomzamo Zondi encouraged individuals to lodge complaints if they believe their privacy rights have been violated. <\/p>\n\n\n\n

\u201cWe encourage people to lodge complaints in this regard so that the regulator can attend to this matter,\u201d she said.<\/p>\n\n\n\n

While Truecaller has not faced formal action from South Africa\u2019s regulatory bodies, the debate highlights the tension between technological innovation and privacy rights. <\/p>\n\n\n\n

Legal experts argue that global services like Truecaller must prioritise compliance with local laws, especially in jurisdictions with stringent data protection regulations like South Africa. <\/p>\n\n\n\n

Until these concerns are resolved, the app\u2019s operations remain under scrutiny, and South African users are urged to consider the implications of sharing their contacts with such platforms.<\/p>\n\n\n\n

\n\n\n\n

Read: Big trouble for couriers and delivery drivers in South Africa<\/a><\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

Truecaller still faces scrutiny over potential violations of South Africa’s privacy laws, sparking a debate on balancing user rights with data protection.<\/p>\n","protected":false},"author":92,"featured_media":801396,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9876],"tags":[7576,853,21086,11927],"class_list":["post-801382","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-lifestyle","tag-popi-act","tag-south-africa","tag-south-africas-information-regulator","tag-truecaller"],"_links":{"self":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/801382","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/users\/92"}],"replies":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/comments?post=801382"}],"version-history":[{"count":3,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/801382\/revisions"}],"predecessor-version":[{"id":801585,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/posts\/801382\/revisions\/801585"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media\/801396"}],"wp:attachment":[{"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/media?parent=801382"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/categories?post=801382"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/businesstech.co.za\/news\/wp-json\/wp\/v2\/tags?post=801382"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}