Chapter 2 - Part B
Consumer's right to privacy Right to restrict unwanted direct marketing 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 preemptively block, any approach or communication to that person, if the approach or communication is primarily for the purpose of direct marketing.
(2) To facilitate the realisation of each consumer's right to privacy, and to enable consumers to efficiently protect themselves against the activities contemplated in subsection
(1), a person who has been approached for the purpose of direct marketing may demand during or within a reasonable time after that communication that the person responsible for initiating the communication desist from initiating any further communication.
(3) The Commission may establish, or recognise as authoritative, a registry in which any person may register a pre-emptive block, either generally or for specific purposes, against any communication that is primarily for the purpose of direct marketing.
(4) A person authorising, directing or conducting any direct marketing –
(a) must implement appropriate procedures to facilitate the receipt of demands contemplated in subsection (2); and
(b) must not direct or permit any person associated with that activity to direct or deliver any communication for the purpose of direct marketing to a person who has –
(i) made a demand contemplated in subsection (2); or
(ii) registered a relevant pre-emptive block as contemplated in subsection (3).
(5) No person may charge a consumer a fee for making a demand in terms of subsection (2) or registering a pre-emptive block as contemplated in subsection (3).
(6) The Minister may prescribe regulations for the operation of a registry contemplated in subsection (3).
Regulation of time for contacting consumers
12. (1) A supplier must not engage in any direct marketing directed to a consumer at home for any promotional purpose during a prohibited period prescribed in terms of this section, except to the extent that the consumer has expressly or implicitly requested or agreed otherwise.
(2) In order to protect the privacy of consumers, the Minister, by notice in the Gazette, may prescribe specific days, dates, public holidays or times of days for the purpose of subsection (1).