Can I use personal information for advertising?

You shouldn’t use(external link) or disclose(external link) the personal information you hold, unless that’s why you collected the information originally, you have the individual’s permission, or you have grounds to rely on one of exceptions listed in the Privacy Act.

Because the purpose of advertising is generally to share information publicly and widely, if something goes wrong – for example, someone’s photo is used without their knowledge or consent – the potential consequences can be serious and difficult to mitigate, particularly if the information is online.

As such, when you’re collecting information for the purposes of advertising or publicity (for instance by taking photos), or getting consent to use the information you already hold for this purpose, you should be very clear about exactly how you intend to use the information (where it will be used, when and for how long).

It’s helpful to work on a ‘no surprises’ basis – in other words, the person shouldn’t be surprised with the way in which you end up using their information.

Updated October 2025