DO you ever get tired of those annoying text messages telling you to attend fashion shows or enter a draw to win something? Well, it may not just be annoying; it could also be a breach of your constitutional right to privacy.
Data privacy simply means that your personal information, such as your phone number, messages, and even your habits, should not be used or shared without your knowledge and permission.
It is about control. It means you, as an individual, should have the right to decide who can access your information, how it is used, and whether it is shared with others. It also protects you from large companies tracking your behaviour, such as your online browsing or daily activities, to build a profile about you and push products or services onto you without your consent, including to young people who may be especially vulnerable.
In fact, this is not just an idea; it is a right protected under Section 24 of Fiji’s Constitution, which guarantees every person the right to personal privacy, including the confidentiality of their personal information and communications.
In other parts of the world, this kind of conduct would not go unchecked. Regulators have imposed massive fines on companies for misusing personal data or misleading users about how their information is handled.
In Europe, enforcement has been even tougher, with companies like Amazon fined €746 million and Meta fined over €1.2 billion for serious breaches of data protection laws under the General Data Protection Regulation.
In Fiji, corporations appear to be taking advantage of weak enforcement and limited expertise among regulators to use personal data with little accountability.
Back in 2019, even the Consumer Council of Fiji was warning about the risks of data misuse, highlighting how personal information collected by companies could be used for marketing purposes without meaningful consent. The council said a lack of regulation could allow data to be shared or even sold to third parties, raising serious concerns about privacy and consumer protection.
Fast forward to 2026, and consumers are still receiving bulk SMS messages without any opt-in, without any unsubscribe option, and without any clear consent.
What is even more concerning is that the Consumer Council itself, which raised concerns about data misuse in 2019, is now part of the same system, sending messages through a texting platform without clear opt-in, showing a lack of technological expertise within the council.
In Australia, regulators such as the Australian Competition and Consumer Commission enforce strict rules to ensure that personal data is only used with proper consent and transparency.
The Fijian Competition and Consumer Commission (FCCC), on the other hand, appears to be asleep on this issue and has been for years, letting corporations operate with little accountability when it comes to how personal data is collected and used.
It seems authorities are unable to comprehend new threats as technology advances, let alone regulate how personal data is being used in a modern digital environment.
The FCCC is one of the most important institutions and should be the first line of defence for consumers, but it has largely allowed unscrupulous traders and corporations to have a free run at us, again because they have zero expertise in such matters.
Because of this longstanding gap in the ability to effectively regulate and enforce emerging technological issues, FijiFirst was unable to properly ensure or uphold rights such as the right to privacy in its own Constitution, a trend which now appears set to continue.
At the international level, privacy is also recognised as a fundamental human right.
Article 17 of the International Covenant on Civil and Political Rights protects individuals from arbitrary or unlawful interference with their privacy or correspondence, and requires states to enact laws preventing both public authorities and private entities from misusing personal data, including telephone numbers and digital information.
Fiji, of course, has been a party to this since 2018.
Article 17 has been applied in cases ranging from government surveillance to the collection of personal data, with the UN Human Rights Committee confirming that interference with personal information, including communications and stored data, falls within the scope of the right to privacy.
And most concerning, if companies can use your personal information this freely, without your knowledge or consent, then the question must be asked, what else are they doing with your data?
Today, it may be harmless promotions.
Tomorrow, it could be profiling, targeting, or something far more intrusive.
Without proper laws and enforcement, Fijians are left completely exposed, with no real control over their own information.
Remember, if you did not give your number, did not give your consent, and cannot opt out, then serious questions must be asked about whether your rights are being respected.
Until next week, take care and be safe.
ARNOLD CHANEL is an investor and business executive with years of tech expertise. He can be contacted on ceo@vanguardtech.pro. The views expressed in this article are his and not of this newspaper
