The Debt Collectors Amendment Bill 2016 Right to Confidential Treatment Marina Short Chief Executive Officer Consumer Profile Bureau (CPB)

The Debt Collectors Amendment Bill 2016 Marina Short – CEO – Consumer Profile Bureau  DC Amendment Bill - Section 15 (1) e “A Debt Collector may be found guilty by the Council of improper conduct if he or she, or a person for whom he or she is vicariously liable- …… …contravenes section 68 of the NCA” Improper Conduct of a Debt Collector

The Debt Collectors Amendment Bill 2016 Marina Short – CEO – Consumer Profile Bureau  NCA Section 68 – Right to confidential treatment “Any person who, in terms of this Act, receives, complies, retains or reports any confidential information pertaining to a consumer or prospective consumer must protect the confidentiality of that information and in particular must-  Use that information only for a purpose permitted or required in terms of this Act, other national legislation or applicable provincial legislations; and  Report or release that information only to the consumer or prospective consumer, or to another person-  To the extend permitted in this Act, other national legislation or applicable provincial legislation, or  As directed by  Instructions of the consumer of prospective consumer; or  On order of a court or the Tribunal Note the S 110 of PoPIA when proclaimed. NCA Section 68

The Debt Collectors Amendment Bill 2016 Marina Short – CEO – Consumer Profile Bureau  Personal Information ito NCA: “ Personal Information that belongs to a person and is not generally available to or known by others”  Personal Information ito PoPIA “ All information with regards to a living individual including  Race, gender,  Contact details  Financial details  etc Personal / Confidential / Credit Information

The Debt Collectors Amendment Bill 2016 Marina Short – CEO – Consumer Profile Bureau Approved NCA data sources

The Debt Collectors Amendment Bill 2016 Marina Short – CEO – Consumer Profile Bureau Overlap to other Codes and Acts PoPIA NCA DCA CPA PAIA FAISRICARETENTIONSACCRA

The Debt Collectors Amendment Bill 2016 Marina Short – CEO – Consumer Profile Bureau Consumer data in Collection process Accessing data by the Debt Collector for Collection purposes  Section 18(4)(i) of NCA regulations makes provision for Debt Collectors to access data from a Registered Credit Bureau for purposes of tracing a debtor in respect of Credit Agreements  Section 11(1)(b) of PoPIA specifically permits the processing of personal information for the performance of a contract such as an agreement for provision of goods/ services and to this extent, permits the accessing of data from a Registered Credit Bureau for collection purposes of outstanding debt in terms of a contract. Provision of data by the Debt Collector once collections are completed  Section 18(7)(b) and (f) of NCA regulations makes provision for the acquisition of data by registered Credit Bureau  Lawful and permitted for a Debt Collector  acting on behalf of both Credit Providers and Non Credit Providers  to submit data to a registered Credit Bureau

The Debt Collectors Amendment Bill 2016 Marina Short – CEO – Consumer Profile Bureau PoPIA and Information processing  When data is processed for Collection purposes ( collected or reported), section 11(1)(b) of PoPIA will apply  for performance of a contract in terms of which a debt is owed, such consent will not be acquired, and the data subject in terms of section 11(3)(a) may not object to such processing  Other conditions of lawful processing will still apply:  2 - Processing limitation  3 – Purpose specification  4 – Further processing limitation  6 – Openness

The Debt Collectors Amendment Bill 2016 Marina Short – CEO – Consumer Profile Bureau PoPIA and information processing  Credit Provider and other suppliers of goods and services must notify consumers when collection the data from them  Data might be used for collection purposes  Data may be supplied to a registered Credit Bureau  Data may be accessed from a registered Credit Bureau for collection purposes  Data provided by Credit Bureau to Debt Collectors  Must be adequate  Relevant  Not excessing given the purpose for processing / collection

The Debt Collectors Amendment Bill 2016 Marina Short – CEO – Consumer Profile Bureau PoPIA 3,4 – Processing limitation & purpose  If notification is provided re supply of information to and accessing of information from a registered Credit Bureau (for debt collection purposes) once that purpose is complete,  The information may be further processed, that is submitted or accessed from a registered Credit Bureau for the same purpose (debt collection)  as in this instance the further processing will be in accordance with the purpose notified to the data subject upfront.

The Debt Collectors Amendment Bill 2016 Marina Short – CEO – Consumer Profile Bureau PoPIA 5 – Information quality, security & subject participation  Registered Credit Bureau must ensure:  Information is complete  Accurate  Up to date  Safeguarded  Access to be given to Data subject

The Debt Collectors Amendment Bill 2016 Marina Short – CEO – Consumer Profile Bureau PoPIA 1 - Accountability  During period that Debt Collectors submits data to Credit Bureau for hosting and Credit Bureaus reports such information to Debt Collectors, the Credit Bureau and Debt Collectors will be jointly responsible for ensuring all conditions of lawful processing is applied.  Debt Collectors will be processors for responsible party on behalf of whom they are collecting debt, they may only supply information to, or access information from a registered Credit Bureau, in accordance with the mandate provided to by the responsible party.

The Debt Collectors Amendment Bill 2016 Marina Short – CEO – Consumer Profile Bureau Jurisdiction and Sanctions  Contravention of S15(1)(h) DCA as well as S68 of DCA  Violation of consumers right to privacy – 2 sided coin  Person providing the information - DC, CP, CB or unregistered data provider  Person receiving the information – DC,CP, CB or unregistered data provider  Questions  Which regulator has jurisdiction iro prosecution?  What sanction does the contravention carry?  National Credit Regulator, Debt Collectors Regulator and PoPIA regulator  Different regulator’s treatment iro sanctions – unfair discrimination?

The Debt Collectors Amendment Bill 2016 Marina Short – CEO – Consumer Profile Bureau To summarise  Improper conduct if  Contravention of NCA section 68 – right to confidential treatment  Read in conjunction with PoPIA  Questions to ask yourself:  Where do you get data from for collections?  Are they permitted to collect, process and report that data?  What do you do with your data once you have finished collections? You could be in contravention of NCA, DCA, PoPIA to name a few with sanctions varying from losing your registration to very hefty financial fines.

The Debt Collectors Amendment Bill 2016 Marina Short – CEO – Consumer Profile Bureau Thank you