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•
the personal data to which the consent relates, e.g. name, address, etc.; and
•
the permitted marketing subjects (e.g. the classes of goods or services) to which
the consent relates.
5.98
It should be noted that if consent is being sought for the transfer of a data subject’s
personal data to a third party for use in direct marketing, the data user must obtain the
data subject’s consent in writing.
Notification Requirements
5.99
In addition to the data user’s notification obligations under DPP1(3) (see paragraphs
5.65 to 5.90), the following prescribed information
57
has to be given to the data subject
when the data user intends to use the personal data collected for its direct marketing
activities:
•
that the data user intends to use the personal data of the data subject for direct
marketing;
•
that the data user may not so use the personal data unless the data user has
received the data subject’s consent to the intended use;
•
the kinds of personal data that will be used for the direct marketing (e.g. address,
name, telephone number, etc.);
•
the classes of marketing subjects
58
in relation to which the data is to be used; and
•
the response channel through which the data subject may, without charge by the
data user, communicate the data subject’s consent to the intended use.
5.100
If the data user intends to provide a data subject’s personal data to another person
(including any subsidiary or affiliate of the data user) for use by that other person in
direct marketing, it must provide the data subject with the following prescribed
information in writing:
59
•
that the data user intends to provide the personal data of the data subject to
another person for use by that person in direct marketing;
•
that the data user may not so provide the data unless it has received the data
subject’s written consent to the intended provision;
•
whether the provision of the personal data to the other person is in return for gain;
60
•
the kinds of personal data to be provided;
•
the classes of persons to which the personal data is to be provided;
57
Section 35C(2).
58
Under section 35A(1), “marketing subject”, in relation to direct marketing, means (a) any goods, facility or service
offered, or the availability of which is advertised; or (b) any purpose for which donations or contributions are solicited.
59
Section 35J(2)(b).
60
Under section 35A(2), a person provides personal data for gain if the person provides personal data in return for money
or other property, irrespective of whether (a) the return is contingent on any condition; or (b) the person retains any
control over the use of the data.