This precedent has been authored by Sonia Sharma, Senior Associate, Maddocks.
Matters to include
The matters that should be included in a collection notice are:
• the relevant APP entity’s identity and contact details;
• the fact and circumstances of collection;
• whether the collection is required or authorised by law;
• the purposes of collection;
• the consequences if the personal information is not collected;
• APP entity 's usual disclosures of personal information of the kind being collected;
• whether an APP entity is likely to disclose personal information to overseas recipients, and if practicable, the countries where they are located.
APP 7 provides that an organisation must not use or disclose personal information it holds for the purpose of direct marketing unless an exception applies. Consent is one exception and express consent is required for “sensitive information”. Where we undertake direct marketing, we must include a simple means for opting-out of any further direct marketing communication.