| 1) |
The right of every person to privacy includes the right to— |
| b) |
require another person to discontinue; or |
| c) |
in the case of an approach other than in person, to pre-emptively block, |
any approach or communication to that person, if the approach or communication is primarily for the purpose of direct marketing.
| 2) |
To facilitate the realisation of each consumer's right to privacy, and to enable consumers to efficiently protect themselves against the activities contemplated in subsection (1), a person who has been approached for the purpose of direct marketing may demand during or within a reasonable time after that communication that the person responsible for initiating the communication desist from initiating any further communication. |
| 3) |
The Commission may establish, or recognise as authoritative, a registry in which any person may register a pre-emptive block, either generally or for specific purposes, against any communication that is primarily for the purpose of direct marketing. |
| 4) |
A person authorising, directing or conducting any direct marketing— |
| a) |
must implement appropriate procedures to facilitate the receipt of demands contemplated in subsection (2): and |
| b) |
must not direct or permit any person associated with that activity to direct or deliver any communication for the purpose of direct marketing to a person who has— |
| i) |
made a demand contemplated in subsection (2); or |
| ii) |
registered a relevant pre-emptive block as contemplated in subsection (3). |
| 5) |
No person may charge a consumer a fee for making a demand in terms of subsection (2) or registering a pre-emptive block as contemplated in subsection (3). |
| 6) |
The Minister may prescribe regulations for the operation of a registry contemplated in subsection (3). |
Intellectual Property Rights from Publicly Financed Research and
