Hi Chris and all,

Thanks again for the response Chris. If nothing else the issue of an
industry Code of Conduct is now open for debate, which in itself can only be
a positive step towards generating a more equitable market.

>From my perspective, the draft AuDA Code of Practice does not go anywhere
near far enough, however it's value is clearly to provide the culture and
concept of industry self-governance - it's obviously a good first step.

What many (?) seem to envisage as a necessity is an actual AuDA Code of
Conduct (as distinct to a Code of Practice). The current draft is a "soft"
document born of necessity... however it contains way too many phrases of
the nature: "should endeavour to" (instead of "will comply with"); "should
refrain from" (instead of "will not") etc. to be workable if challenged.

Item 8 in particular does not seem to cover any unacceptable marketing
practices (or the promotion of accepted marketing practices), except in the
specific case of an advertisement being construed as an invoice - this is
only one of many marketing issues that should be addressed within the Code.

To offer another example, (and some suggestions that I do recommend for
inclusion with the draft Item 8), the following is an excerpt from the
Energy Australia Code of Conduct - an industry not too dissimilar from our
own. The subsection: The NSW Marketing Code of Conduct. Item 6.7 is
pertinent to recent issues:

6.7 Conduct in relation to Personal Information
6.7.1. While engaged in Marketing, a marketer may collect personal
information only:
    a) By lawful and fair means; and
    b) After obtaining the customers written consent.
6.7.2. As far as possible, the personal information collected by a marketer
must be collected directly from the relevant customer. Where this is not
possible, a marketer may collect information from a third party, but only
after receiving the customers written consent to do so.
6.7.3. Unless required by law, a marketer may only disclose personal
information to any other person if the marketer has obtained the customers
written consent to do so.
6.7.4. A marketer must take reasonable steps to protect personal information
collected or held by a marketer from misuse, loss, unauthorised access or
modification.
6.7.5. Where a marketer holds personal information about a customer, the
marketer must provide that customer with access to that information on
request by the customer unless providing access would be unlawful. where a
request for access is denied, the marketer must give a written explanation
to the customer as to why the request was denied.
6.7.6. Marketers must keep a record of all written customer consents
required by section 6.7 for at least one year.
6.7.7. Where applicable, a marketer must establish procedures in relation to
personal information to comply with and in accordance with the "National
Principles for the Fair Handling of Personal Information" issued by the
Federal Privacy Commissioner in January 1999.

(end snip) - more information on this Code is available at:
http://www.energy.com.au/ea/earetail.nsf/Content/Marketing_Code_Conduct_NSW

Cheers, Don Cameron

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