Banks: If it is pilot project, consent must be VOLUNTARY

What is a pilot project?

A pilot project is a small trial used to test a new system before it becomes permanent. Banks use pilots to see whether Digital ID technology works.

A pilot is temporary, not permanent.

A pilot may not be treated as a final system. It must have a clear start and end date. POPIA Section 14(1): “A responsible party must not retain personal information longer than is necessary to achieve the purpose for which it was collected.” This means pilot data cannot be kept forever.

Participation in a pilot must always be voluntary.

You cannot be forced to take part in something that is still being tested.

POPIA Section 11(1)(a): “Personal information may only be processed if the data subject consents.”

Consent must be free and unforced, so a bank cannot deny services if you refuse.

You must be told it is a pilot.

Banks must inform you that the system is still being tested. POPIA Section 18(1): “If personal information is collected, the data subject must be made aware of the purpose for which the information is collected.”

Without this disclosure, the bank is acting unlawfully.

You must have a choice.

The bank must offer normal ID verification methods. POPIA Section 11(2)(b): “A data subject may withdraw consent at any time.” If you can withdraw consent, banks must have an alternative method ready.

Banks must explain what data they collect.

If they want a face scan, fingerprint, or ID image, they must tell you why. POPIA Section 13(1): “Personal information must be collected for a specific, explicitly defined and lawful purpose related to a function or activity of the responsible party.” Banks must be clear and honest.

Your data cannot be kept forever.

Pilot information must be deleted when the test ends unless you clearly agree otherwise. POPIA Section 14(4): “A responsible party must destroy or delete a record of personal information that is no longer authorised to be retained.”

A pilot cannot silently become compulsory.

A bank cannot use a pilot to quietly replace traditional ID systems. Constitution Section 14 (Right to Privacy): “Everyone has the right to privacy, which includes the right not to have their personal information… interfered with.”

Forcing Digital ID participation without a new law would violate this constitutional right.

Biometrics require extra protection.

Digital ID systems use biometric data, which is legally classified as “special personal information.” POPIA Section 26(1): “A responsible party may not process special personal information unless the data subject has given consent.”

This means:

1. Explicit permission

2. Clear explanation

3. No pressure

Concerned Citizen(s)