The legislation indicates that implied consent depends on the context and the circumstances around it. So, for example, if the consumer is purchasing a magazine subscription, their consent might be implied to get a follow-up notice about the fact that their subscription is expiring, but it's very much contextual and it depends on the circumstances in place. So that kind of framework allows flexibility in allowing the Privacy Commissioner to interpret what's reasonable in the context of implied consent. I think it's one of the valuable aspects of the legislation.
Once you move to something that's more prescriptive, then by definition you tend to exclude something you can't foresee, and so the principles are very flexible and that's one of the strengths of the legislation. But the Privacy Commissioner has issued a number of guidelines on how consent should be interpreted, and they are available on our website.