1. Spam for Breakfast, Lunch and Dinner: What will the Unsolicited Electronic Messages Bill do for Privacy? Graeme Crombie Senior Associate Minter Ellison Rudd Watts Privacy Forum 30 March 2006

2. Spam – covered by the Privacy Act B has breached:  PP2 – not collecting email address directly from the subject  PP3 – not making the subject aware of the collection A has breached:  PP10 – email address used for unspecified purpose  PP11 – email address disclosed without consent Spam Bill is breached by B:  commercial electronic message  unsolicited  has an NZ link  does not identify the sender, provide contact details or an unsubscribe function Example 1: B Spams Using Email Address Collected By A

3. Spam – not covered by the Privacy Act But covered by the Spam Bill No breach of the Privacy Act:  email address was publicly available  exceptions to PPs 2, 10 and 11 apply Spam Bill breached by A:  commercial electronic message  unsolicited  has an NZ link  does not provide an unsubscribe function Spam Bill not breached by B:  message sent without B’s knowledge Example 2: A Uses B’s Server To Send Spam

4. Spam – not covered by the Privacy Act and not covered by the Spam Bill No breach of the Privacy Act:  email address was not collected  if email address subsequently verified collection authorised No breach of Spam Bill:  promotional electronic message  identifies sender, provides contact details and unsubscribe function  requires recipient to opt-out of receiving further emails But now a breach of Spam Bill:  email address discovered by use of address harvesting software Example 3: A Guesses Email Address And Sends Message