---
title: "Check a direct marketing use against the privacy direct-marketing rule"
url: "https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/check-a-direct-marketing-use-against-the-privacy-direct-marketing-rule"
type: "task"
site: "AI Law Framework"
id: "A24-SF20261022-15"
practice_area: "Technology, Media & Telecommunications / IT Contracts"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check a direct marketing use against the privacy direct-marketing rule

> From the proposed communication and the collection note, list the channel, whether personal information is used to identify or target the recipient, where the information came from, and which opt-out method is on the…

Canonical page: https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/check-a-direct-marketing-use-against-the-privacy-direct-marketing-rule  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Technology, Media & Telecommunications / IT Contracts](https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the proposed communication and the collection note, list the channel, whether personal information is used to identify or target the recipient, where the information came from, and which opt-out method is on the draft. Leave blank which exception is relied on. The tool does not write the marketing copy. |
| What the lawyer must review | OAIC Chapter 7 says APP 7.1 stops an organisation using or disclosing personal information it holds for direct marketing unless an exception applies. Direct marketing is using or disclosing personal information to communicate directly with an individual to promote goods or services. APP 7.1 does not apply where personal information is not used to identify or target the recipients. The chapter's examples are a catalogue addressed to the householder, a hand-delivered flyer, and a website advertisement not selected using personal information. APP 7 does not apply to the extent the Spam Act 2003, the Do Not Call Register Act 2006, or other legislation prescribed by the regulations applies. If the organisation is exempt, or partly exempt, from those Acts, APP 7 still applies to the extent of the exemption. The regulations were not opened. For personal information other than sensitive information collected from the individual, APP 7.2 requires that the individual would reasonably expect the use or disclosure, a simple way to opt out, and that the individual has not opted out. Reasonable expectation is objective. The organisation does not assume it merely because it thinks the person would welcome the marketing. APP 7.3 applies if the information was collected from the individual but there is no reasonable expectation, or it was collected from a third party. It requires consent, or that consent is impracticable, a simple opt-out, a prominent statement in each communication that the person may ask not to receive them, and that no such request has been made. Impracticable depends on whether the burden is excessive. Inconvenience, time or some cost alone does not excuse it. Consent has the four elements on the page: adequately informed, voluntary, current and specific, and capacity to understand and communicate. A prominent statement is in plain English, positioned so it is not hidden, and in a font that is easy to read, for example at least the same size as the main text. Sensitive information may be used or disclosed for direct marketing only with consent for that purpose. The impracticable exception does not apply, including where there is already a relationship. The definition of sensitive information is in section 6(1) and Chapter B, which was not opened. APP 7.5 for a contracted service provider was read only as far as the two conditions on the page. The definitions of contracted service provider and Commonwealth contract were not opened. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: From the proposed communication and the collection note, list the channel, whether personal information is used to identify or target the recipient, where the information came from, and which opt-out method is on the draft. Leave blank which exception is relied on. The tool does not write the marketing copy.
- What the lawyer does: OAIC Chapter 7 says APP 7.1 stops an organisation using or disclosing personal information it holds for direct marketing unless an exception applies. Direct marketing is using or disclosing personal information to communicate directly with an individual to promote goods or services. APP 7.1 does not apply where personal information is not used to identify or target the recipients. The chapter's examples are a catalogue addressed to the householder, a hand-delivered flyer, and a website advertisement not selected using personal information. APP 7 does not apply to the extent the Spam Act 2003, the Do Not Call Register Act 2006, or other legislation prescribed by the regulations applies. If the organisation is exempt, or partly exempt, from those Acts, APP 7 still applies to the extent of the exemption. The regulations were not opened. For personal information other than sensitive information collected from the individual, APP 7.2 requires that the individual would reasonably expect the use or disclosure, a simple way to opt out, and that the individual has not opted out. Reasonable expectation is objective. The organisation does not assume it merely because it thinks the person would welcome the marketing. APP 7.3 applies if the information was collected from the individual but there is no reasonable expectation, or it was collected from a third party. It requires consent, or that consent is impracticable, a simple opt-out, a prominent statement in each communication that the person may ask not to receive them, and that no such request has been made. Impracticable depends on whether the burden is excessive. Inconvenience, time or some cost alone does not excuse it. Consent has the four elements on the page: adequately informed, voluntary, current and specific, and capacity to understand and communicate. A prominent statement is in plain English, positioned so it is not hidden, and in a font that is easy to read, for example at least the same size as the main text. Sensitive information may be used or disclosed for direct marketing only with consent for that purpose. The impracticable exception does not apply, including where there is already a relationship. The definition of sensitive information is in section 6(1) and Chapter B, which was not opened. APP 7.5 for a contracted service provider was read only as far as the two conditions on the page. The definitions of contracted service provider and Commonwealth contract were not opened.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. If the Spam Act or the Do Not Call Register Act applies to this act, do not apply APP 7 to that extent. Keep the existing spam and calling-list checks for those acts.
2. Confirm the communication uses personal information to identify or target the recipient. A householder catalogue is not this task.
3. Match the file to APP 7.2 or APP 7.3, including a simple opt-out, and for APP 7.3 a prominent statement in each communication.
4. Sensitive information needs consent for this purpose. Do not use the impracticable exception for it. The list of sensitive categories was not opened.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [OAIC: Chapter 7, APP 7 Direct marketing](https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-guidelines/chapter-7-app-7-direct-marketing) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/technology-media-and-telecommunications-it-contracts/check-a-direct-marketing-use-against-the-privacy-direct-marketing-rule/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*