Other OPC guidance

26.150 The ALRC’s recommended ‘Direct Marketing’ principle introduces a new framework for the regulation of direct marketing. In particular, the principle turns on the concept of an ‘existing customer’ and introduces a new requirement relating to the source of personal information used for the purpose of direct marketing.

26.151 In the ALRC’s view, OPC guidance is required in a number of areas. This guidance should address what constitutes an ‘existing customer’. It is important that the parameters of what constitutes an existing customer are delineated clearly, so as to ensure the effective operation of the ‘Direct Marketing’ principle. This guidance also should address the types of direct marketing communications which are likely to be within the reasonable expectations of existing customers and the extent to which the use and disclosure of sensitive information for the purposes of direct marketing will be within an existing customer’s reasonable expectations. The OPC also should provide guidance about the kinds of circumstances in which it will be impracticable for an organisation to seek consent in relation to direct marketing.

26.152 It is important that OPC guidance also address the factors for an organisation to consider in determining whether it will be reasonable and practicable to advise an individual of the source from which it acquired the individual’s personal information. Such factors may include the privacy consequences to the individual if the information is not provided and the cost to the organisation of providing this information.

Recommendation 26–7 The Office of the Privacy Commissioner should develop and publish guidance to assist organisations in complying with the ‘Direct Marketing’ principle, including:

(a) what constitutes an ‘existing customer’;

(b) the types of direct marketing communications which are likely to be within the reasonable expectations of existing customers;

(c) the kinds of circumstances in which it will be impracticable for an organisation to seek consent in relation to direct marketing to an individual who is not an existing customer or is under the age of 15 years;

(d) the factors for an organisation to consider in determining whether it is reasonable and practicable to advise an individual of the source from which it acquired the individual’s personal information; and

(e) the obligations of organisations involved in direct marketing under the Privacy Act in dealing with vulnerable people.