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Future legislation such as the Protection of Personal Information Bill is based on the opt-in philosophy, but it appears that there is a strong lobbying effort to have this changed. The Bill is under consideration by Parliament and was amended last year to allow a direct marketer to approach someone once in order to obtain consent (previously this was not allowed).
It is premature to comment on the Bill but we have set out the current text below.
Unsolicited electronic communications
66. (1) The processing of personal information of a data subject for the purpose of direct marketing by means of any form of electronic communication, including automatic calling machines, facsimile machines, SMSs or [electronic] e-mail is prohibited unless the data subject—
(a) has given his, her or its consent to the processing; or
(b) is, subject to subsection [(2)] (3), a customer of the responsible party.
(2) A responsible party may approach the data subject referred to in subsection (1)(a) once in order to obtain the consent of the data subject for such processing.
(3) A responsible party may only process the personal information of a data subject who is a customer of the responsible party in terms of subsection (1)(b)—
(a) if the responsible party has obtained the contact details of the data subject in the context of the sale of a product or service;
(b) for the purpose of direct marketing of the responsible party’s own similar products or services; and
(c) if the data subject has been given a reasonable opportunity to object, free of charge and in a manner free of unnecessary formality, to such use of his, her or its electronic details—
(i) at the time when the information was collected; and
(ii) on the occasion of each communication with the data subject for the purpose of marketing if the data subject has not initially refused such use.
(4) Any communication for the purpose of direct marketing must contain—
(a) details of the identity of the sender or the person on whose behalf the communication has been sent; and
(b) an address or other contact details to which the recipient may send a request that such communications cease.
The current version of the Bill will also see the prohibition of the selling of lists of databases of personal information, something that will result in less local spam in your inboxes.
It is premature to comment on the Bill but we have set out the current text below.
Unsolicited electronic communications
66. (1) The processing of personal information of a data subject for the purpose of direct marketing by means of any form of electronic communication, including automatic calling machines, facsimile machines, SMSs or [electronic] e-mail is prohibited unless the data subject—
(a) has given his, her or its consent to the processing; or
(b) is, subject to subsection [(2)] (3), a customer of the responsible party.
(2) A responsible party may approach the data subject referred to in subsection (1)(a) once in order to obtain the consent of the data subject for such processing.
(3) A responsible party may only process the personal information of a data subject who is a customer of the responsible party in terms of subsection (1)(b)—
(a) if the responsible party has obtained the contact details of the data subject in the context of the sale of a product or service;
(b) for the purpose of direct marketing of the responsible party’s own similar products or services; and
(c) if the data subject has been given a reasonable opportunity to object, free of charge and in a manner free of unnecessary formality, to such use of his, her or its electronic details—
(i) at the time when the information was collected; and
(ii) on the occasion of each communication with the data subject for the purpose of marketing if the data subject has not initially refused such use.
(4) Any communication for the purpose of direct marketing must contain—
(a) details of the identity of the sender or the person on whose behalf the communication has been sent; and
(b) an address or other contact details to which the recipient may send a request that such communications cease.
The current version of the Bill will also see the prohibition of the selling of lists of databases of personal information, something that will result in less local spam in your inboxes.