Document ID: chunk:federal_register_of_legislation:C2015C00053:clause:1_7:p1
Version: federal_register_of_legislation:C2015C00053
Segment Type: clause
Provision Reference: sch 1 cl 7 (pt 1/2)
Character Range: 52034–55045

7  Australian Privacy Principle 7—direct marketing

Direct marketing
 7.1 If an organisation holds personal information about an individual, the organisation must not use or disclose the information for the purpose of direct marketing.
Note: An act or practice of an agency may be treated as an act or practice of an organisation, see section 7A.

Exceptions—personal information other than sensitive information
 7.2 Despite subclause 7.1, an organisation may use or disclose personal information (other than sensitive information) about an individual for the purpose of direct marketing if:
 (a) the organisation collected the information from the individual; and
 (b) the individual would reasonably expect the organisation to use or disclose the information for that purpose; and
 (c) the organisation provides a simple means by which the individual may easily request not to receive direct marketing communications from the organisation; and
 (d) the individual has not made such a request to the organisation.
 7.3 Despite subclause 7.1, an organisation may use or disclose personal information (other than sensitive information) about an individual for the purpose of direct marketing if:
 (a) the organisation collected the information from:
 (i) the individual and the individual would not reasonably expect the organisation to use or disclose the information for that purpose; or
 (ii) someone other than the individual; and
 (b) either:
 (i) the individual has consented to the use or disclosure of the information for that purpose; or
 (ii) it is impracticable to obtain that consent; and
 (c) the organisation provides a simple means by which the individual may easily request not to receive direct marketing communications from the organisation; and
 (d) in each direct marketing communication with the individual:
 (i) the organisation includes a prominent statement that the individual may make such a request; or
 (ii) the organisation otherwise draws the individual's attention to the fact that the individual may make such a request; and
 (e) the individual has not made such a request to the organisation.

Exception—sensitive information
 7.4 Despite subclause 7.1, an organisation may use or disclose sensitive information about an individual for the purpose of direct marketing if the individual has consented to the use or disclosure of the information for that purpose.

Exception—contracted service providers
 7.5 Despite subclause 7.1, an organisation may use or disclose personal information for the purpose of direct marketing if:
 (a) the organisation is a contracted service provider for a Commonwealth contract; and
 (b) the organisation collected the information for the purpose of meeting (directly or indirectly) an obligation under the contract; and
 (c) the use or disclosure is necessary to meet (directly or indirectly) such an obligation.

Individual may request not to receive direct marketing communications etc.
 7.6 If an organisation (the first organisation) uses or