The Information Regulator ('the Regulator') released, on 3 March 2021, a media statement in which it announces that it had provided its legal analysis on the WhatsApp privacy policy to Facebook South Africa, as part of its investigation into the same. In particular, the Regulator outlined that it had noted that users who do not accept the terms by 15 May 2021 will not be able to read or send messages from the app. Furthermore, the Regulator highlighted that it had provided an analysis of some of the concerns that it has about this privacy policy to Facebook South Africa, whereby it clarified the requirement of prior authorisation from the Regulator for the processing of cellphone numbers on the user's contact list, or indeed any user contact information, for a purpose other than the one for which the number was specifically intended at collection, with the aim of linking the information jointly with the information processed by other responsible parties. In addition, the Regulator noted its concern that citizens of the European Union would receive higher privacy protection than those in South Africa and Africa generally, despite similar legislations. Lastly, the Regulator concluded that it is committed to having a round-table discussion regarding such issues with Facebook SA to ensure compliance of the WhatsApp privacy policy with the provisions of the Protection of Personal Information Act, 2013 ('POPIA').

You can read the media statement here.