The Debt Collectors Amendment Bill 2016 Right to

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 Improper Conduct of a Debt Collector 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” Marina Short – CEO – Consumer Profile Bureau

The Debt Collectors Amendment Bill 2016 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 Po. PIA when proclaimed. Marina Short – CEO – Consumer Profile Bureau

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

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

The Debt Collectors Amendment Bill 2016 Overlap to other Codes and Acts NCA SACCRA RETENTION DCA Po. PIA RICA CPA PAIA FAIS Marina Short – CEO – Consumer Profile Bureau

The Debt Collectors Amendment Bill 2016 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 Po. PIA 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 Marina Short – CEO – Consumer Profile Bureau

The Debt Collectors Amendment Bill 2016 Po. PIA and Information processing When data is processed for Collection purposes ( collected or reported), section 11(1)(b) of Po. PIA 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 Marina Short – CEO – Consumer Profile Bureau

The Debt Collectors Amendment Bill 2016 Po. PIA 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 Marina Short – CEO – Consumer Profile Bureau

The Debt Collectors Amendment Bill 2016 Po. PIA 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. Marina Short – CEO – Consumer Profile Bureau

The Debt Collectors Amendment Bill 2016 Po. PIA 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 Marina Short – CEO – Consumer Profile Bureau

The Debt Collectors Amendment Bill 2016 Po. PIA 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. Marina Short – CEO – Consumer Profile Bureau

The Debt Collectors Amendment Bill 2016 Jurisdiction and Sanctions Contravention of S 15(1)(h) DCA as well as S 68 of DCA Violation of consumers right to privacy – 2 sided coin Questions Person providing the information - DC, CP, CB or unregistered data provider Person receiving the information – DC, CP, CB or unregistered data provider Which regulator has jurisdiction iro prosecution? What sanction does the contravention carry? National Credit Regulator, Debt Collectors Regulator and Po. PIA regulator Different regulator’s treatment iro sanctions – unfair discrimination? Marina Short – CEO – Consumer Profile Bureau

The Debt Collectors Amendment Bill 2016 To summarise Improper conduct if v Contravention of NCA section 68 – right to confidential treatment Read in conjunction with Po. PIA 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, Po. PIA to name a few with sanctions varying from losing your registration to very hefty financial fines. Marina Short – CEO – Consumer Profile Bureau

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