MCCA Direct Marketing Model Code of Practice

Part 3: Privacy requirements

51. Direct marketers are required to comply with the National Privacy Principles (NPPs)⁸ as specified in the Privacy Act 1988. These include:

• NPP 1 – Collection
• NPP 2 – Use and disclosure
• NPP 3 – Data quality
• NPP 4 – Data security
• NPP 5 – Openness
• NPP 6 – Access and correction
• NPP 7 – Identifiers
• NPP 8 – Anonymity
• NPP 9 – Transborder data flows
• NPP 10 – Sensitive information

52. In particular, direct marketers should note NPP 2.1 which states that an organisation must not use or disclose personal information about an individual for a purpose other than the primary purpose of collection unless one of the exceptions applies. One exception allows use for the secondary purpose of direct marketing as long as:

1. it is impracticable for the organisation to seek the individual’s consent before that particular use;
2. the organisation will not charge the individual for giving effect to a request by the individual to the organisation not to receive direct marketing communications;
3. the individual has not made a request to the organisation not to receive direct marketing communications;
4. in each direct marketing communication with the individual, the organisation draws to the individual’s attention, or prominently displays a notice, that he or she may express a wish not to receive any further direct marketing communications; and
5. each written direct marketing communication by the organisation with the individual (up to and including the communication that involves the use) sets out the organisation’s business address and telephone number and, if the communication with the individual is made by fax, telex or other electronic means, a number or address at which the organisation can be directly contacted electronically.

53. To assist with the interpretation of the NPPs, direct marketers are encouraged to refer to the Guidelines to the NPPs.⁹

⁸ A full copy of the NPPs can be found at http://www.privacy.gov.au/publications/npps01.html.

⁹ To assist organisations in understanding their obligations under the Privacy Act 1988, the Office of the Federal Privacy Commissioner has developed a set of guidelines that provide organisations with helpful information about the NPPs. A copy of these guidelines can be found at http://www.privacy.gov.au/act/guidelines/index.html#3.2.

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