Formal Inquiry Regarding Recycled Mobile Telephone Number and Potential POPIA Non-Compliance

To Whom It May Concern,

I am writing to formally address a matter concerning the deactivation and recycling of my brother's mobile telephone number, [Brother's Mobile Number], previously registered under his name. My brother has been incapacitated due to a prolonged illness for a period exceeding three months, resulting in the non-use and subsequent deactivation of the aforementioned mobile number.

Upon attempting to reactivate the number, I was informed that it had been recycled, albeit not yet reassigned to another subscriber. This raises a critical query regarding the rationale for the deactivation and recycling of the number under these specific circumstances.

Furthermore, I wish to express my serious concern regarding the potential non-compliance with the Protection of Personal Information Act, 4 of 2013 (POPIA). The deactivation and potential reassignment of this number pose a significant risk to my brother's personal and sensitive information. Specifically:

Financial Information: His banking details, transaction notifications, and one-time passwords (OTPs) are being directed to this now-recycled number, creating a substantial vulnerability to identity theft and financial *****. Access Credentials: Other critical access credentials, including passwords and verification codes for various online accounts, are also being sent to this number, further compromising his security. I contend that a three-month deactivation period, particularly in cases of prolonged illness, is unreasonably short and fails to adequately protect the data subject's rights as mandated by POPIA. Specifically, Section 14 of POPIA, dealing with the rights of data subjects, and the general principles of responsible processing, particularly security safeguards, are relevant.

I hereby request the following:

Immediate Reinstatement of my brothers cellphone number: Given that the number has not yet been reassigned, I demand its immediate reinstatement to my brother. Formal Explanation of the Deactivation Policy: I require a detailed explanation of the company's policy regarding the deactivation and recycling of mobile numbers, particularly in cases of prolonged illness or incapacity. Confirmation of POPIA Compliance: I seek confirmation that the company's practices are compliant with POPIA, and a detailed outline of the measures in place to protect the personal information of subscribers, especially in cases of deactivation and number recycling. Extension of Deactivation Period: I propose that the deactivation period be extended, or that special provisions be implemented for subscribers who are incapacitated due to illness, ensuring their rights under POPIA are upheld. I expect a comprehensive response within 14 business days outlining the steps to be taken to rectify this situation. Failure to provide a satisfactory resolution may compel me to escalate this matter to the Information Regulator and seek legal recourse.

Please provide all responses in writing and direct them to *** Yours faithfully, Tracy ***