Site Changes

On 1 November 2010 the Office of the Privacy Commissioner was integrated into the Office of the Australian Information Commissioner and a new website established at www.oaic.gov.au.

Note 1: Major changes to the Privacy Act 1988 will come into effect in March 2014. Agencies, businesses and not for profits need to start preparing for these changes. For more information go to our privacy law reform page at www.oaic.gov.au
Note 2: From 12 March 2013 content is no longer being added to, or amended, on this site, consequently some information may be out of date. For new privacy content visit the www.oaic.gov.au website.

Can a business send me commercial electronic messages without my consent?

Generally, no.

An organisation covered by the Spam Act must have your consent to send you a message.

If you haven't consented, then the message is 'spam' and will generally be unlawful under the Spam Act. Consent can be express or 'inferred' under the Spam Act.

'Express' consent to receive legitimate commercial electronic messages

Express consent means that have you actively consented to receiving messages from that organisation. Example: you tick a box.

Example

Last year, Hussein booked a holiday through a travel agent and also consented to receiving electronic messages about travel offers. These messages are not "spam", as they are sent legally (see Are there laws about spam? for the difference between spam and legitimate commercial electronic messages).

Hussein has been happy to receive these legitimate marketing messages from his travel agent for a year, but decides to unsubscribe.

If the travel agent keeps sending him messages after he trys to unsubscribe, they become spam and Hussein can make a complaint (see, Who can I complain to about spam?).

Inferred consent

Examples

You have an ongoing relationship with a business and they may send you information about their products.

You put your work email on the internet. A business may be able to infer your consent to receiving commercial electronic messages, as long as they are related to the work you do.

Example: You work in IT and your email and job title is on your company's website. Another business may send you messages about goods or services about your field of IT. Other business couldn't send you offers about unrelated matters, like holidays, real estate, competitions or medicines.

Remember, if you change your mind about receiving the messages then you can unsubscribe.

Businesses sending you messages that are not covered by the Spam Act may still be covered by the Privacy Act and the National Privacy Principles. See Are all commercial electronic messages covered by the Spam Act?

Need more information?

Guidelines to the National Privacy Principles
For more information about commercial electronic messages, spam and consent go to Information Sheet 26.
Detailed information about the Spam Act is also available from the Australian Communications and Media Authority.

Back to Spam FAQs