Legal Opinion

We are often asked to give our written legal opinion on a point of law. Our opinions are practical and written in plain language. We do not write academic papers that are difficult to take action on. We always provide an executive summary with a short clear answer. The details follow in the body of the opinion. When we draft legal opinions we set out the facts, the relevant law, and then we apply the law to the facts.

We also usually give you a list of decision or actions you can take based on our legal opinion. We strive to answer your question and provide you with practical advice that you can use to take meaningful informed action.

POPI Legal Opinion and Interpretations

We have provided many legal opinions on privacy and the protection of personal information (POPI). It is our opinion on what the Information Regulator or a court may rule on any point of law. Sometimes we provide interpretations (rather than opinions) because there is currently no precedent. An interpretation gives you a way that you could interpret POPI. Essentially, an argument you could use to explain to the Information Regulator why you believe what you are doing complies with POPI. Many sections of POPI can be interpreted in different ways.

We have covered various questions or points, including:

• who falls within the definition of a customer,
• when a transfer to another country is lawful,
• whether a product or service is lawful,
• many related to direct marketing,
• the application of POPI – when and to what does it apply,
• automated decision making,
• automatic calling machines,
• children,
• special personal information,
• trade union membership, and many others.

Legal Opinions on various points of law

We have also given opinions on:

• Automatic and electronic processes
• Copyright
• Data messages (like email and SMS)
• Document imaging
• Domain names
• Electronic signatures
• Interactive Gaming and Foreign Lotteries
• Recording conversations without consent