The Protection of Privacy Law, 5741-1981 uses the term ‘direct mailing’, which is defined as contacting a person personally, based on his belonging to a population group that is determined by one or more characteristics of individuals whose names are included in a database. In other words, the term means targeted profile-based communication. The term ‘direct mailing services’ is defined as providing direct mailing services to others by transferring lists, labels, or data by any means.
The law establishes the following requirements and individual rights with regard to direct mailing:
- Databases used for providing direct mailing services and contain personal data about more than 10,000 individuals, require registration with the database registry (See: “Are there Registration Requirements?”).
- Controllers and holders of databases used for direct mailing services are required to keep documentation on (i) the source from which they have received the data contained within the database, (ii) the date that the data was received, and (iii) to whom the data was delivered to.
- Each direct mailing communication must include among others, an indication that the communication is a direct mailing communication, a notice of the right of the recipient of the communication to be deleted from the database, and the identity and address of the database controller.
- Every individual has the right to have data related to that individual deleted from the direct mailing database.
- Every individual has the right to demand that personal data related to the individual will not be delivered to a person, type of persons, or specific persons, for either a defined period of time or indefinitely.
- Database owners are required to notify the individual that they acted in accordance with the aforesaid deletion and non-delivery right above. Individuals have the right of redress if an owner of a database does not provide such notice following 30 days of a request.
In separate, the Communications Law (Telecommunications and Broadcasting), 5742-1982 prohibits the use of a telecommunication facility in a manner that is likely to harm, intimidate, harass, create anxiety or upset, and as such establishes civil and criminal liability for violations related to direct mailing.
The Communications Law (Telecommunications and Broadcasting), 5742-1982 also sets out separate provisions in relation to the transmission of adverting material (the so-called ‘Spam Law’).
Please note: The information provided in this content is for informational purposes only and does not constitute legal advice. It is not intended to create an attorney-client relationship. If you have any questions, please contact us at: [email protected]
