Context
Recognising that everyone values their privacy, from high street consumers to members of the Royal Family, CAP has highlighted the extent these concerns are reflected to in law and also in the privacy rules in Section 6 and Section 10 of the CAP Code. As marketers seek to make their ads relatable by featuring celebrities or members of the public, it’s important to make sure they do so in a way that follows the rules.
Key points to note and next actions
As marketers seek to make their ads relatable by featuring celebrities or members of the public, it’s important to make sure they do so in a way that follows the rules.
The guidance published, includes:
- The Royal Family – Section 6 of the CAP Code says that members of the royal family shouldn’t be shown or mentioned in ads, except under certain circumstances.
- 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.
- 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 haven’t given permission, this is likely to be a problem.
- People with a public profile – 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 shouldn’t be referred to in a negative way unless they’ve given permission. And advertisers are likewise urged to get permission before referring to them at all.
- Personal data – Privacy concerns don’t just apply to the content of ads. The ways in which marketers process and collect consumers’ data are subject to legislation like the General Data Protection Regulation (GDPR), enforced by the Information Commissioners Office (ICO), and are also covered by Section 10 of the CAP Code. This includes important principles like the need for consumers’ explicit consent before using their contact details to send them marketing e-mails.