Back in August last year I covered the facts relating to the new privacy legislation before it was introduced in December (if you missed this edition visit the Information section on our website www.smartype.com.au). Now that it’s in place, it appears people are still very hazy about their options as a marketer and rights as a consumer. In this month’s Info Sheet I’ll attempt to clarify what you need to know:

As a consumer

Basically, you have the right to:

• Know how your information will be used
• Have access to any records kept on you
• Stop receiving direct marketing material

What this means is that you now have the power to determine how organisations collect, store, use, disclose, protect and transfer your personal information. If you don’t like what they’re doing ask them to stop. If that’s not enough there are now laws in place to see your requests are met.

NB: The only companies affected by this legislation are those that operate from within Australia- meaning there is still very little you can do against businesses sending spam email from the USA.

As a marketer

You have the ability to:

• Ask clients and contacts for their details
• Use details collected before the new laws came into effect (December 21, 2001)
• Continue to use list brokers for contact information

What this means is that you can still directly market to people, you just need to make sure they know what they’re getting into when handing over their details and that they can opt out at any time. Also, regardless of when it was collected or whether you use the information or not, it is now imperative that it’s secure.

NB: People can now complain to the Office of the Federal Privacy Commissioner if you blatantly flout this legislation. Initial complaints will usually result in advice, assistance and information from the Commission to bring the business into line - however repeated infringements will result in legal action and hefty fines.

If you are unsure about anything related to this legislation, visit the Privacy Commission website www.privacy.gov.au or phone the Office of the Federal Privacy Commissioner on 1300 363 992.