Privacy Law

Australian Privacy Principle 7 - Direct Marketing

Direct marketing

7.1 An organisation must not use or disclose personal information for the purpose of direct marketing.

 

Exceptions

7.2 An organisation may use or disclose personal information (other than sensitive information) about an individual for the purpose of direct marketing if:

  • the individual concerned would reasonably expect the organisation that collected it to use or disclose it for that purpose; and

  • the organisation provides a simple opt-out method and the individual has yet to opt out.

7.3 Situations are also provided for under 7.3 where the individual may not reasonably expect direct marketing and either has consented, or where it is impracticable to obtain consent.

 

 

Exception — sensitive information

7.4 An organisation may use or disclose sensitive information for purposes of direct marketing if the individual has consented to use or disclosure for that purpose.

 

Individual may request not to receive direct marketing communications etc.

7.6 An organisation must, on request, notify an individual of the source of the information concerned, unless this is unreasonable or impracticable to do so.

7.7 If an individual requests of an organisation that they not use or disclose personal information for purposes of direct marketing (either their own marketing or another entity’s marketing), then that request must be granted.