In a recent judgement the court applied the provisions of the Protection of Personal Information Act 4 of 2023 (POPIA) prohibiting the dissemination of certain personal information. That information includes the telephone number of a person. The link to the judgement in Munetsi v Madhuyu and Another (16255/2024) [2024] ZAWCHC 209 (6 August 2024) is at the end of this article.

 

Briefly, the relevant facts of the matter are that persons A posted a live broadcast on social media platforms in which they made disparaging remarks about person B and shared person B’s mobile number and picture. Persons A asked the viewers to contact Person B on his mobile number.

 

The court found that sharing person B’s mobile number on the broadcast infringed section 11 of POPIA. Section 11 of POPIA states that personal information may only be processed where:

 

-        there is consent;

-        it is necessary for the conclusion or performance of a contract to which the data subject is party;

-        it complies with an obligation imposed by law;

-        it protects a legitimate interest of the data subject;

-        it is necessary for the performance of a public law duty by a public body; or

-        it is in pursuit of the legitimate interests of the processing party or a third party receiving the information.

The term “processing” in section 1 of POPIA includes “dissemination by means of transmission, distribution or making available in any other form”. Making person B’s mobile number publicly available on social media contravened section 11 of POPIA in that he did not consent.

 

Interestingly, the court stated that the fact that the mobile number is already available publicly on another platform does not make the broadcasting permissible.

 

The court also found that in addition to contravening POPIA, sharing the mobile number and asking viewers to phone the number infringed person B’s right to privacy.

 

Accordingly, person B was granted an order that persons A must remove any video or message containing his picture and mobile number from their social media platforms and an interdict prohibiting them from publishing person B’s personal information without his consent in the future.

 

What is also interesting in this matter is the court’s approach to the administration of justice. A number of times in the judgement, the court took issue with the way the matter was brought and conducted. For example, it did not grant the main relief in the wording of the interdict in the application. It formulated its own relief in the matter which it thought better captured the gist of what person B was seeking. This relief it granted under the “further and/or alternative relief” prayer added as a matter of practice in court papers. It is pleasant to see the court come to the aid of an applicant where it believed it could better formulate the relief which would be beneficial to the applicant.

 

As a general rule it is best to never publish anyone’s mobile number or telephone number without that person’s consent. If it must be done, section 11 of POPIA must authorise such publication. The categories of permissible publication is set out above. If you are unsure whether the publication of someone’s personal information falls within the bounds of POPIA, it is best to get legal advice to avoid contravening the law.

 

The link to the judgement appears below:

 

https://www.saflii.org/za/cases/ZAWCHC/2024/209.pdf

 

 

This article does not constitute legal advice nor replace the need to seek advice. It also does not contain all the information relevant to the subject matter. Each situation is different and must be evaluated on its own merits. For advice on related matters, our contact details are below.