Part 5: The Information Commissioner Section 122: Direct marketing code
This section places the Commissioner under a duty to publish and keep under review a direct marketing code of practice. It replaces a similar requirement in section 52AA of the 1998 Act.
	Subsections (1) and (2) provide that the code will contain guidance about direct marketing and good practice. Good practice is defined as practice that appears to the Commissioner to be desirable including, but not limited to, compliance with the requirements of data protection legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426) ("PECR"). When deciding what constitutes good practice, the Commissioner must have regard to the interests of data subjects and others.
	Subsection (3) requires that in preparing the code the Commissioner must consult, as he or she considers appropriate, with trade associations, data subjects and persons who represent the interests of data subject.