The recent comments by Zimbabwe’s Minister of ICT, Tatenda Mavetera, have sparked significant debate regarding the regulation of WhatsApp groups and data protection licenses.
In her statement, Mavetera emphasized the importance of compliance with the new regulations, stating, “The time is ticking for organisations that collect first-party data, as you are required by law to have a data protection licence and the license fees range from $50 to $2500.”
Clarification on Licensing Requirements
The Minister’s remarks included a crucial reminder that even organizations like churches that handle personal data must secure these licenses and appoint a Data Protection Officer (DPO).
Even churches who collect personal data ought to have such a licence and appoint a DPO. WhatsApp group admins are not spared too; if your groups are meant for business, you should as well obtain a licence. Failure to comply attracts penalties.
This announcement has led to widespread confusion among the public, particularly concerning the penalties associated with non-compliance.
Mavetera clarified that the initial reports of a $2,500 fine for unlicensed WhatsApp groups were inaccurate.
I would like to distance myself from the malicious fake news of intentions by government to licence or penalise WhatsApp Groups or Administrators of any social media platform/s USD 2500.
Understanding the Actual Penalties
While Mavetera has distanced herself from the $2,500 figure, she did not shy away from discussing the serious consequences for those who fail to comply with licensing requirements.
According to her, individuals or entities that process personal information without a valid data controller license may face fines up to level 11 or imprisonment for up to seven years.
Any person who processes personal information in terms of this section without a data controller licence… shall be guilty of an offence and liable to a fine not exceeding level 11 or to imprisonment for a period not exceeding seven years or to both such fine and such imprisonment.
Public Reaction and Implications
The public reaction has been overwhelmingly critical, with many questioning the practicality and fairness of these regulations.
Critics argue that requiring licenses for informal groups—like family chats or community discussions—could criminalize normal social interactions.
The Minister’s clarification did little to assuage concerns about potential overreach by the government in regulating everyday communication.
It’s important to understand the implications of not having a data protection license for WhatsApp groups in Zimbabwe.
While the Minister may have clarified the misunderstanding, the law still stands. It’s crucial to comply with regulations to avoid potential penalties.
