The Guidance Note also details the measures to be taken to counter misinformation and disinformation during the upcoming 2024 elections. The aim of the note is to ensure both compliance with the Protection of Personal Information Act, 2013 (PoPIA) and the free flow of accurate and reliable information to achieve free and fair elections.
The guidance note reiterates that political parties and independent candidates are responsible parties for the purposes of PoPIA and must comply with the eight conditions for the lawful processing of voters’ personal information during election campaigns. The guidance note sets out the manner in which political parties and independent candidates are required to comply with the eight principles for lawful processing and, to this end, provides for the following:
A voter’s consent must be obtained to collect and use their personal information for campaigning purposes. Voters can withdraw their consent at any time after being contacted by a political party or independent candidate, and they are also entitled, at any time, to object to the processing of their personal information.
Where an automated calling machine is used to contact voters, the voter must be given an opt-out option. Political parties and independent candidates must collect personal information directly from voters and are prohibited from using data brokers, lead generators, and automated applications that generate voters’ personal information.
They cannot retain voter records longer than is necessary unless required by law, reasonably required for lawful purposes in relation to campaigning activities, required by contract, or the voter has consented to the retention. However, they may retain records for historical, statistical, or research purposes, provided appropriate safeguards are established against records being used for any other purpose.
Data subjects must also be made aware of their data subject rights. If not directly collected from the voter, steps must be taken to inform the voter as soon as practicable after collection. Non-compliance may be allowed if the data subject consents to the non-compliance or if the non-compliance does not prejudice their legitimate interests.
PoPIA prohibits the processing of special information concerning the political persuasion of voters; however, section 31 of PoPIA creates an exception to the rule by allowing political parties to collect and use the personal information of a voter for the purpose of forming a political party, participating in its activities, recruiting members, or campaigning.