Although the Constitution has always protected the right to privacy, the Consumer Protection Act now articulates what this right requires in the context of consumer relations and organisations seeking donations. Sections 11 and 12 of the Act, which legislate the right to privacy, primarily are aimed at regulating the manner in which direct marketing is carried out.

Direct marketing is defined as any approach to a person, whether in person or by means of mail or electronic communication, for the direct or indirect purpose of promoting or offering to supply, in the ordinary course of business, goods or services, or where the person is requested to make a donation of any kind. Most marketing material which is distributed by suppliers of goods and services and charity organisations, whether by means of pamphlet distributions, post, email or sms will fall into the definition of direct marketing. Telephone calls from organisations seeking donations and from suppliers for the purposes of marketing will also fall within the definition.

Consumers have the right to refuse to accept direct marketing and they may ask the marketer to discontinue their marketing. The Act also seeks to create a mechanism which will allow consumers to pre-emptively block direct marketing. When a person is approached through direct marketing they may, either at the time they are approached or within a reasonable time after having been approached, demand that no further communication be initiated with them. Those who engage in direct marketing are accordingly required to develop a system which will allow them to receive, record and adhere to requests from consumers not to be contacted in future. No person who has registered a demand that they do not wish to be contacted or who has availed themselves of the pre-emptive blocking mechanism may be contacted for direct marketing purposes.

The regulations, when promulgated, will specify times and dates during which a consumer may not be contacted at home for promotional purposes.