On the case - August 2008
You probably should look at both the data protection regulations - the Privacy Act 1988 -and the electronic communications regulations - the Spam Act 2003.
The Australian Privacy Act would have resonance with what you are used to in the
The Spam Act also focuses on issues with which you will be familiar; unsolicited email messages must not be sent, messages must include information about who authorised the sending of the message, and must have an unsubscribe. But it clarifies in some detail that address harvesting is absolutely not allowed, and data collection from third parties must only take place if it is really necessary and I doubt that marketing messages would qualify, so no viral campaigns then.
A significant difference occurs, however, where there is an ‘Australian Link’ where it would seem that express consent must be given if the message originates in Australia, the individual or organisation who sent the message is physically present in Australia when the message is sent, or the individual to whom the email is addressed is present in Australia when they access the message. Travellers are excluded!
If an “Australian Link” cannot be established these rules do not apply, but if the email extension is au, there is obviously an “Australian Link” and if your business is established in
Don’t you wish you’d paid more attention in those geography classes?
Other recent items: