The Protection of Privacy Law, 5741-1981 uses the term ‘Direct Mailing’, which is defined as contacting by way of writing, printed matter, telephone, facsimile, in a computerized way or by other means, a person personally, based on the person’s belonging to a population group which is determined by one or more characteristics of persons whose names are included in a database. In other words, the term means targeted profile-based communication.
The law establishes the following requirements and individual rights with regard to Direct Mailing:
- Databases used for Direct Mailing require registration with the databases registrar (See: “Are there Registration Requirements?”).
- Managers and holders of databases used for Direct Mailing 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 message must include, in a clear and conspicuous manner, specific mandatory details including the database registration number, the database owner’s details and an opt-out option.
- 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 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 in section (D) and (E) 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), 5741-1982 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), 5741-1982 also sets out separate provisions in relation to the transmission of adverting material (the so-called ‘Spam Law’).
