Personal Data Protection Act 2012 · 2020 Revised Edition · Part 9 · Do Not Call Registry
37. Meaning of “specified message”
Feedback & supportLast amended by an amending law of 2020.
Subject to subsection (5), for the purposes of this Part, a specified message is a message where, having regard to the following, it would be concluded that the purpose, or one of the purposes, of the message is an applicable purpose:
message
“message” means any message, whether in sound, text, visual or other form;
the content of the message;
the presentational aspects of the message;
the content that can be obtained using the numbers, URLs or contact information (if any) mentioned in the message;
if the telephone number from which the message is made is disclosed to the recipient (whether by calling line identity or otherwise), the content (if any) that can be obtained by calling that number.
For the purposes of subsection (1), where the applicable purpose relates to offering, supplying, advertising or promoting any goods, service, land, interest in land, business opportunity or investment opportunity, it does not matter whether or not —
goods
“goods” means any personal property, whether tangible or intangible, and is deemed to include —(a)chattels that are attached or intended to be attached to real property on or after delivery;(b)financial products and credit, including credit extended solely on the security of land;(c)any residential property; and(d)a voucher;
the goods, service, land, interest or opportunity exists; or
it is lawful to acquire the goods, service, land or interest or take up the opportunity.
Subject to subsection (4), a person (A) who authorises another person (B) to offer, advertise or promote A’s goods, services, land, interest or opportunity is deemed to have authorised the sending of any message sent by B that offers, advertises or promotes A’s goods, services, land, interest or opportunity.
services
“services” includes —(a)a service offered or provided that involves the addition to or maintenance, repair or alteration of goods or any residential property;(b)a membership in any club or organisation if the club or organisation is a business formed to make a profit for its owners;(c)the right to use time share accommodation under a time share contract; and(d)financial services;
For the purposes of subsection (3), a person who takes reasonable steps to stop the sending of a message mentioned in that subsection is deemed not to have authorised the sending of the message.
For the purposes of this Part, a specified message does not include any message mentioned in the Eighth Schedule.
In this section, “applicable purpose” means a purpose specified in the Tenth Schedule.