Most people consider telemarketing activities to be an intrusive invasion of their privacy. Many organizations conduct telemarketing activities for a lot of different purposes which include sales, customer service, information provision, fund-raising, political polling, market research, and debt collection. Telemarketing activities have been traditionally undertaken with the use of telephones. Lately, however, some organizations would conduct telemarketing activities with the use facsimile machines, automatic calling equipment, computers and other customer equipment which is capable of being connected to a telecommunications network. Telemarketing activities become intrusive into the privacy of individuals because organizations undertaking these activities contact them without their consent.



Telemarketing is defined by the Australian Marketing Dictionary as ?...a cost effective method of selling to prospective customers and of maintaining contact with existing customers using the telephone and other advanced telecommunications technologies.?

Telemarketing issues continue to be a source of complaints by telephone users and that residential users want to have the greatest degree of control over the calls they receive. In accordance with this indication, the Privacy Advisory Committee (PAC) considered that the focus of its examination of telemarketing telecommunications privacy issues should be on ?telemarketing and related telecommunications activities? which have the potential to intrude into the privacy of individuals. Thus, for the purposes of the PAC's examination, it has adopted the following definition of telemarketing and related telecommunications activities as ?all activities which relate directly or indirectly to the marketing of goods or services, surveying, market research, fund-raising or polling and which involve the use of a telephone, facsimile machine or any other customer equipment connected to a telecommunications network to contact an individual.?

The following activities undertaken using a telephone, facsimile machine or any other customer equipment connected to a telecommunications network fall under the above definition of telemarketing and related telecommunications activities:

?an organization marketing goods or services to individuals;

?the surveying of individuals by an organization;

?an organization contacting individuals for the purpose of market research;

?a charity or other non-profit organization seeking donations from individuals; and

?the polling of individuals by an organization.

An organization may undertake the above activities either by itself or it may enter into a contract with another body to undertake these activities on its behalf. An organization may also undertake either one or several of these activities at any given time. The said activities of market researchers, fund-raisers and pollsters have been included within this definition of ?telemarketing and related telecommunications activities? as individuals consider approaches from these organizations to be just as intrusive as approaches from organizations marketing goods or services.

Included in the above definition of ?telemarketing and related telecommunications activities? are situations where organizations use the telephone, facsimile machine or any other customer equipment connected to a telecommunications network to contact any individual. An individual is defined as a residential or a business telephone user. Complaints are likely to be made by residential telephone users who consider approaches from organizations undertaking telemarketing activities to be an intrusive invasion of their privacy than business telephone users. The PAC notes that any differences between the privacy expectations of residential and business telephone users may necessitate that further consideration be given to resolve the privacy concerns of residential and business telephone users in relation to telemarketing activities.

The above definition of ?telemarketing and related telecommunications activities? should be considered as references and is not intended to include situations where individuals use the telephone, facsimile machine or any other customer equipment connected to a telecommunications network to contact organizations which are marketing goods or services, conducting surveys, undertaking market research, fund-raising or polling.