The Information Regulator of South Africa has confirmed that it is investigating mobile app Truecaller after several companies and individuals complained that the service violated the country’s Protection of Personal Information Act (Popia).
Truecaller, widely used in South Africa, is a caller identification and spam-blocking app. It allows users to see who is calling, block unwanted numbers, and mark calls as spam. The platform uses AI and community reports to help identify potentially fraudulent or nuisance calls.
Many South Africans rely on the app to screen calls from unknown numbers, especially from call centres. But some businesses say the tool is damaging their operations. They claim Truecaller wrongly flags their legitimate numbers as spam and then charges a fee for them to be “whitelisted” so their calls go through without warnings.
Ongoing Investigation
Nomzamo Zondi, spokesperson for the Information Regulator, confirmed that the complaint includes allegations of privacy violations.
“We received a complaint from a data subject that Truecaller allegedly interfered with their right to privacy, and the matter is still under investigation. Only upon conclusion will we make a pronouncement,” Zondi said.
The Legal Challenge
Legal experts say the case is complex. Rosalind Lake, a partner at law firm Norton Rose Fulbright, told The Citizen that for any enforcement action, the regulator must prove a clear link between Truecaller’s actions and the harm claimed by businesses.
“There’s been a lot of scrutiny on direct marketing,” Lake said. “Data subjects want the right not to be contacted, but proving a direct connection between Truecaller’s operations and business losses is not straightforward.”
Ahmore Burger-Smidt, a director at Werksmans Attorneys, added that Truecaller’s activities could conflict with certain Popia provisions. She explained that while the app protects individuals from unwanted calls, it also blocks legitimate outreach from companies flagged as spam.
“If a call centre’s number is reported, their calls to customers with the app installed will likely go unanswered,” she said. “That creates a real challenge for businesses trying to connect with clients.”
The Balancing Act
Both legal experts agree that the case highlights a bigger issue — balancing individual privacy with the right of businesses to operate. Under Popia, companies must follow strict rules when contacting people for direct marketing. South Africans can also register on Nationaloptout.co.za to block marketing calls from members of the Direct Marketing Association.
Possible Consequences for Truecaller
The Information Regulator’s decision could set a new precedent for how tech platforms handle personal data in South Africa. If Truecaller is found to be in breach of Popia, it could face enforcement orders, which may include changes to its consent policies, more transparency on data usage, or offering easier ways for users to remove their details.
In the past, the regulator has acted firmly against violators. In 2023, a direct marketing company was fined R5 million for sending spam messages without consent. Businesses and consumers alike are now watching closely to see whether Truecaller will face similar penalties or be forced to adjust its services in the South African market.
