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March 2014 - Privacy Act Amendments


By Simon Remington

This month changes to the Privacy Act become law. While the Privacy Amendment (Enhancing Privacy Protection) Act 2012 is a far reaching piece of legislation, there are some changes which will apply to direct marketers.

This month we take a look at how you can ensure that you are compliant.

As of March 12th 2014, companies who conduct direct marketing need to ensure their campaigns fall in line with the new legislation. This will apply to both companies who market to consumers plus those who market to businesses where a person’s name is included on the list.

Direct mail pieces will in addition to an opt-out sentence, now also require a notification statement such as ‘Your details were obtained via a third party list provider’.

Telemarketers must also advise call recipients of their right to opt-out to future calls from that company.

There are also implications for companies who send databases overseas

containing personal information.

Companies who turnover less than $3 million annually and fulfill certain criteria are exempt from these changes.

The Office of the Australian Information Commissioner have produced a checklist designed to help businesses adjust to the changes.

The changes do not apply to the Do Not Call Register Act or Spam Act which both remain in place.

Additional links

APPs Guidelines

ADMA (members)

Remington Direct is unable to provide legal advice and recommends consulting with your legal team for any specific questions you may have relating to changes to the Act.

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