HomeInsightsCommittee of Advertising Practice publishes advice note on privacy rules

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Sections 6 and 10 of the CAP Code set out the rules on privacy. CAP notes that marketers often seek to make their ads relatable by featuring celebrities or members of the public. Those that do so need to follow the rules:

  • The Royal Family: section 6 of the CAP Code says that members of the royal family should not be shown or mentioned in ads, except under certain circumstances:
  1. it is likely to be acceptable if the advertisers have permission in advance;
  2. if it is only an “incidental” reference that is not connected to the product being advertised; and
  3. if the ad is promoting a product such as a book or film about the family member in question.

            CAP says that if none of the above applies, advertisers should respect their privacy;

  • Members of the public: if an ad refers to anyone in an adverse or offensive way, the Code says that it would only be acceptable if the advertisers had written permission from that person to do so. If the ad does not portray them negatively, and just refers to them or shows them in a neutral or positive light, marketers are still urged to seek their written permission. CAP says that if you do not have permission, seek legal advice in advance. If a member of the public does not wish to be associated with a product, they may have a legal claim against ads that imply their approval or endorsement;
  • Private property: the same principle applies to people’s identifiable property, such as a house or car. If an ad shows someone’s house and its address could be easily identified (e.g. if the house number or road name is visible), and they have not given permission, CAP says that this is likely to be a problem. If the only person who recognises it is the homeowner or someone who is already familiar with the property, and it is not more generally recognisable to consumers, the ad is unlikely to break this rule. Similarly, if someone’s car is shown in an ad, it is only likely to break the rule if an identifiable feature like a number plate is also visible;
  • People with a public profile: CAP reminds advertisers that if someone is in the public eye, they still have a right to privacy, and this is reflected in the CAP Code. As with other members of the public, they should not be referred to in a negative way unless they have given permission. Advertisers are likewise urged to get permission before referring to them at all. The only potential exemption to this rule is where an ad refers to someone’s publicly stated position or views on a given topic, and if the contents of the ad are consistent with those views. If it misrepresents their views, it is likely to break the rules; and
  • Personal data: CAP reminds marketers that privacy concerns do not just apply to the content of ads. The ways in which marketers process and collect consumers’ data are subject to the GDPR and are also covered by section 10 of the CAP Code. This includes important principles, such as the need for consumers’ explicit consent before using their contact details to send them marketing e-mails.

To read the advice note on the CAP website, click here.