NATIONAL POSTAL FORUM
SUBMISSION ON THE OPEN DEMOCRACY BILL
THE NATIONAL POSTAL FORUM

The National Postal Forum is an independent body representing all stakeholders in the South African postal industry. Members include:
• Department of Communications (South African Government)
• South African Post Office
• All trade unions organised in the South African Post Office
• Organised consumer bodies (National Consumer Forum, National Black Consumer Union)
• Civil society (South African National Civics Organisation)
• Organised business (National Black Business Caucus, SACOB, FABCOS, NAFCOC, Direct Marketing Association, Print Media Association)

The National Postal Forum is tasked with recommending policy and strategic direction to the Minister of Posts, Telecommunications and Broadcasting, and the Board of the Post Office.

INTRODUCTION
This submission represents the views of the stakeholders of the South African postal industry who share a common concern at the potential implications of the Bill on the business of the South African Post Office, and the livelihood of its employees.

BACKGROUND TO POSTAL SERVICES
The South African Post Office services over 40 million individual South Africans and numerous public and private institutions. Some 30 000 employees are directly employed by the Post Office. In 1995/6 the Post Office processed 2,1 billion mail items for delivery to over 6,25 million delivery points. Of these mail volumes over 85% derives from business, and approximately 54% specifically from marketing mail.
The South African Post Office is currently undergoing significant transformation, and is experiencing tremendous financial pressures deriving from reducing mail volumes and diminishing government financial support.
The National Postal Forum is of the view that a key component of ensuring a healthy and efficient postal service for all South Africans lies in the creation of a postal and legal environment conducive to growing mail volumes.

PART 4 OF THE OPEN DEMOCRACY BILL
Part 4 of the Open Democracy Bill deals with the use and disclosure of personal information by governmental and private bodies.
Having regard to the significant contribution business and marketing mail make to the business of the South African Post Office the National Postal Forum reiterates its concern that the Bill may threaten the sustainability of the Post Office, and thereby significant numbers of employed postal workers.
If handled inappropriately the Open Democracy Bill has direct implications for economic growth and job creation within both the government and private sectors. It is the Forum’s view that the Bill may be counter productive to the legitimate interests of all stakeholders of the postal sector, unless specific principles are entrenched in it and the Regulations to be drafted.
A comprehensive body of international legislative principle relating to data collection and processing exists. In order to achieve a balance between the interests of the individual and of private bodies, the National Postal Forum recommends that the Bill reflect the key philosophies of this body of legislation:
i. Private and government bodies should be empowered to collect, use and disclose relevant personal information in the pursuit of their legitimate interests;
ii. Individuals should be empowered, on request, to limit the right of bodies to use and disclose their personal information;
iii. Relevant information as referred to in i. above should include all information that is already in the public domain;
iv. Collection, use and disclosure of information should be subject to stringent, internationally accepted norms of control;
v. Bodies using or disclosing personal information for marketing purposes should be obliged to register with a nationally recognised self-regulatory body with a government approved code of conduct;
vi. Individuals should be made aware of their rights to limit the use and disclosure of their personal information, and an accessible and simple means of exercising the right of limitation should be facilitated;
vii. An individual’s rights to the limitation of the use and disclosure of personal information should be subject to standard business and contractual practices;
viii. In developing regulations the Human Rights Commission should take cognisance of the different needs of diverse private and government body sectors, and existing self-regulatory mechanisms. Regulations should be developed in consultation with affected parties with a view to achieving efficient regulation without additional onerous and bureaucratic structures.

RECOMMENDATIONS
The key recommendation of the National Postal Forum is that the use and disclosure of personal information be allowed for the legitimate marketing and communication purposes of private and government bodies, except where the individual has registered his/her objection to such use in terms of a nationally organised registration scheme. The Direct Marketing Association of Southern Africa already offers such a service (the Media Preference Service) in line with international precedent and in terms of the Consumer Code of Conduct of the Business Practices Committee (of the Department of Trade and Industry).

SECTION 58
Allow the disclosure of personal information for legitimate marketing and communication purposes, except where the individual has registered his/her objection to such use. To facilitate this we recommend that the following new section be added to Part 4 of the Bill:
Use and disclosure of personal information for marketing purposes
A record of a private or governmental body containing personal information may be used and disclosed for legitimate marketing purposes, provided that -----
a) such body is registered with a nationally recognised self-regulatory body with a code of conduct endorsed by the Business Practices Committee of the Department of Trade and Industry;
b) the individual to whom the information relates is or has been informed of the use to which the information will be put and is or has been afforded the opportunity to object to such use, and does or has not done so;
c) such body excludes from its marketing activities the use and disclosure of personal information of individuals who have registered their objection to such use and disclosure either directly with that body, or with the nationally organised registration scheme referred to in a) above.

SECTION 86
In making regulations the Minister of Justice should be required to consult with other governmental and private bodies affected by such regulations.

CONCLUSION
The National Postal Forum thanks you for the opportunity to contribute to the policy making and formulation of new legislation.
We also note that we would like to expand on our submission at the hearings to be held on this Bill, and request that you confirm that we may do so.