16 April 2003

Privacy Commissioner, Malcolm Crompton, has welcomed the release of the National Office for the Information Economy (NOIE) Final report of the NOIE review of the spam problem and how it can be countered.

"The NOIE Report proposes some good solutions that will help reduce the spam problem," Mr Crompton said.

"Spam poses a major challenge to people being able to control what happens with their personal information. We all have a right to know who is contacting us, why they have contacted us and generally where they got our information from.

"One of the tests of spam remedies is that they must put people back in control of their information and enable people to stop receiving unwanted spam email.

"There is no silver bullet that will stop spam. Spam is a complex problem that requires a multi layered approach including but not limited to:

• technology that enables internet service providers (ISPs) and consumers to stop spam,
• Australian and international law that makes sending spam illegal, and
• marketplace solutions where sending spam costs the sender not the receiver.

"The NOIE report makes recommendations in each of these areas, including outlawing spam, urging ISPs and consumers to use spam stopping software and committing to working internationally on this issue."

Recommendation six of the NOIE Report proposes that: Regulatory agencies, in particular the Australian Competition and Consumer Commission (ACCC), the Australian Securities and Investment Commission (ASIC) and the Office of the Privacy Commissioner should ensure that relevant legislation is fully applied to spam.

In response, the Commissioner said, "my Office, within current resource constraints, will use the full extent of the Privacy Act to combat the spam problem."

"In particular, I encourage individuals who have been spammed by Australian organisations to take up the matter with the organisation. If they don't resolve the issue to their satisfaction then I urge them to lodge a complaint with my Office (contact number 1300 363 992).

"Under the federal Privacy Act people have a right to lodge a complaint with my Office. I would certainly investigate any allegations of spamming by Australian companies."