The meeting was set up after the Government introduced the new proposed privacy law in parliament last week. ADMA raised concern that last minute changes had been made to the law, which have significant implications for direct and digital marketers and the broader advertising community.
The major issues raised by ADMA during the meeting were:
- The proposed inclusion of a prohibition on direct marketing.
- The proposed requirement to include an opt-out message in all marketing and advertising, sent to both customers and prospects, regardless of marketing channel – i.e. including social media (Facebook; Twitter; etc), online advertising, and mobile ads;
- The requirement to allow individuals to deal with a company on an anonymous or pseudonymous basis leading to concerns that databases cannot be kept up-to-date and accurate;
- New liability for companies that process or disclose data overseas with particular concern regarding cloud computing;
- Fines of $1.1m without current limitations.
Since the meeting, ADMA has provided the Attorney General’s Department with recommended wording that would resolve the current issues with the legislation. This would provide a balanced approach allowing responsible marketing and advertising but always providing individuals with access to opt-out mechanisms and privacy policies.
ADMA members that would like to get involved with the proposed changes to the Privacy Act can either:
Join the ADMA Privacy Taskforce by emailing firstname.lastname@example.org
Connect to the Privacy Webinar for the latest updates and developments on this issue.