As a company whose primary business activity is mail order and as one that has actively pursued a policy of self-regulation, we have, along with our representative body, the Direct Marketing Association of South Africa, followed the work done by the drafters of the Open Democracy Bill very closely.
We commend the objectives of the Bill aimed at giving effect to the privacy rights of the Constitution and at promoting transparency and accountability by all organs of state. In particular we congratulate you on the drive to facilitate the individual’s constitutional rights of access and correction of information, and the protection of privacy.
Of particular significance to us has been the achievement of an equilibrium between the interests of the business sector and society as a whole. We have found the progress made on the Bill in this area most encouraging.
Internationally, the right to object should personal information be disclosed, or used, has been well established. The efficacy of overseas precedents encourage us to believe that the National Assembly and the National Council of Provinces recognise that the protection of the rights of the business sector as well as that of the individual should be entrenched by legislation.
For the record we also express our support of the proposal to utilise the existing Human Rights Commission to manage the Act as proposed.
In general, it is our view that a positive foundation for the development of Regulations has been laid. At the same time and in the interests of transparency, we are extremely concerned that such Regulations should be drafted in consultation with the relevant private sector bodies and we ask you to consider this issue.