The governmentÕs amendments to the Commonwealth Privacy Act, which will force marketers to seek an individualÕs consent to use their personal details for the purposes of direct marketing in any form, were officially passed on 6 December. Known as Amendment 20, it provides that Òevery time personal information is used for the secondary purpose of direct marketing, the organisation must provide the individual with the opportunity to Ôopt-outÕ of receiving further direct marketing communications from the organisation.Ó The opt-out must be prominently displayed with relevant information such as the businessÕ address, phone number and, if applicable, its email or web site address. The laws will have a particular impact on the many companies involved in email marketing or ÒspamÓ that have up to now been virtually untouchable. Failure to comply with the new laws may see offenders brought before a Privacy Commissioner or equivalent body, and depending on the circumstances, have to offer an apology and undertake relevant changes to their marketing practices, or in certain cases, provide compensation of an amount determined by the Privacy Commissioner and approved by a federal court. Marketers still have some breathing space, however, the new legislation not coming into effect for 12 months after it receives Royal Assent Ñ probably very late 2001 or early 2002. A legal officer at the Attorney-GeneralÕs department says this is to allow companies involved in direct marketing time to readjust their activities accordingly.
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