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WhatsApp Group Administrators Now Need a Data Protection License in Zimbabwe

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WhatsApp Group Administrators Now Need a Data Protection License in Zimbabwe

Zimbabwe’s ICT Minister announced today that WhatsApp group administrators who use their groups for commercial purposes will be required to obtain a government-issued data protection licence. These WhatsApp administrators will also need to appoint a government-trained and certified Data Protection Officer.

The announcement was: made on social media and is part of the government’s efforts to enforce these rules. Cyber ​​and Data Protection ActIt was published in the official gazette in 2022. The law had published a complementary Statutory Instrument (SI) on 13 September 2024. Download SI here. Here, application means application. Businesses have until March 13 to act on the requirements.

The Minister’s announcement follows the “National Stakeholder Meeting on the Implementation of the Act and SI for Directors, CEOs and Management” held in Harare yesterday.

Here is part of the minister’s post on LinkedIn:

I would like to thank everyone who attended the important breakfast meeting organized by POTRAZ yesterday.

The clock is ticking for organizations collecting first-party data, as you are required by law to have a data protection license and license fees range from $50 to $2,500.

In addition, a data protection officer (DPO) trained and certified by POTRAZ must be appointed by such license holder and the appointment must be notified to POTRAZ.

Even churches that collect personal data must have such a license and appoint a DPO. Whatsapp group administrators are also not spared, if your groups are for business purposes, you should also get a license. Failure to comply with this requires punishment.

Contact the POTRAZ team for more information.

What does the Cyber ​​and Data Protection Act say?

The law defines anyone who processes people’s data as a “data controller” and states that data controllers are “licensable”.

The law also defines a phone number as “personal information.” The government classifies WhatsApp administrators as “data controllers” because people in the WhatsApp group have access to other members’ phone numbers.

As for Data Protection Officers (DPOs), Potraz announced the graduation of these officers a few weeks ago. First batch of DPOs in collaboration with Harare Institute of Technology. We didn’t think much about it at the time, but it’s clearly a step towards enforcing the law.

Is this practical?

It’s hard to imagine how practical it would be for businesses to require everyone running a WhatsApp group to get a license. And paying the government $50 just to have a WhatsApp group is ridiculous.

Or is it a situation where the law waits in case a crime involving data occurs? – Are you saying that someone complained to Potraz about their phone number being used for purposes other than a WhatsApp group?

Whatever the case, it is likely to bury people and businesses under the weight of regulatory red tape. At the same time, the everyday behavior of well-intentioned citizens is likely to be criminalized. For a country that claims to be open to business, it is surprising that we continue to throw wrench in the works.

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