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Consumer ProtectionDirect Marketing PrivacyHARD

An agency covered by the Privacy Act notes in its database which clients have a disability, and wants to target them with ads for accessible homes. What does APP 7 require?

Correct Answer

A) The clients' consent to using that sensitive information for marketing

Health information, including disability, is sensitive information under the Privacy Act. OAIC guidance on APP 7 says an organisation may use or disclose sensitive information for direct marketing only if the individual has consented to that use. This applies even where there is an existing relationship, and even if obtaining consent is impracticable.

Answer Options
A
The clients' consent to using that sensitive information for marketing
B
No consent, since the agency already holds an existing relationship
C
Only an opt-out link in each ad, as for any other direct marketing
D
Consent only where getting it is practical, otherwise a notice is fine

Why This Is the Correct Answer

APP 7 allows sensitive information to be used for direct marketing only with consent.

Why the Other Options Are Wrong

Background Knowledge for Consumer Protection

Exam Tip for Consumer Protection

Common Mistakes to Avoid on Consumer Protection Questions

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