Administration Law and Information Technology - Privacy Legislation Reforms – Keeping Your Privacy Policy Current
June 2014
Personal privacy is a hot topic and one that affects all businesses. Over the years the Government has been increasing is regulation of privacy matters.
What are the new regulations?
As you may be aware from 12 March 2004 new Australian Privacy Principles (APP) have replaced the previous National Privacy Principles and the government sector Information Privacy Principles. These Principles regulate the manner in which personal information is handled by regulated organisations.
Do these principles apply to my organisation?
Essentially the legislation covers all businesses that have an annual turnover greater than $3M and includes some small business operators with a turnover of less than $3M that are specifically covered by the Privacy Act. This includes some health service providers, government agencies and entities that sell personal information or entities that pay for the collection of personal information. In the case of many organisations, the APP will likely require amendments to your organisations systems, procedures and policies.
How does it affect my organisation?
The APP make some specific changes as to how sensitive and non-sensitive information is collected and expands the requirements in allowing an individual to deal with the company anonymously or through a pseudonym. There are guidelines around the availability of direct marketing and emphasis is put on the sharing of information of third parties especially those located overseas.
What steps should my organisation take to comply with the Australian Privacy Principles?
Your organisation will need to consider how it currently collects personal information and how it notifies an individual about certain matters of that collection. The APP apply to all information that an organisation collects about an individual either directly or from a third party and require an organisation to take reasonable steps in the circumstances to provide notice for ensuring awareness of the collection. In most circumstances a current complying privacy policy that is displayed online will be sufficient.
Where can I find more information?
Information about the Privacy Act and its new requirements are summarised in a document published online at Office of the Australian Information Commissioner Website called “Privacy Fact Sheet 17”. This can be located at http://www.oaic.gov.au/images/documents/privacy/privacy-resources/privacy-fact-sheets/privacy-fact-sheet-17-australian-privacy-principles_2.pdf.
Contact details are below. If we can assist you in relation to privacy changes, website terms or anything else whether associated with this or not, please contact us.
What are the new regulations?
As you may be aware from 12 March 2004 new Australian Privacy Principles (APP) have replaced the previous National Privacy Principles and the government sector Information Privacy Principles. These Principles regulate the manner in which personal information is handled by regulated organisations.
Do these principles apply to my organisation?
Essentially the legislation covers all businesses that have an annual turnover greater than $3M and includes some small business operators with a turnover of less than $3M that are specifically covered by the Privacy Act. This includes some health service providers, government agencies and entities that sell personal information or entities that pay for the collection of personal information. In the case of many organisations, the APP will likely require amendments to your organisations systems, procedures and policies.
How does it affect my organisation?
The APP make some specific changes as to how sensitive and non-sensitive information is collected and expands the requirements in allowing an individual to deal with the company anonymously or through a pseudonym. There are guidelines around the availability of direct marketing and emphasis is put on the sharing of information of third parties especially those located overseas.
What steps should my organisation take to comply with the Australian Privacy Principles?
Your organisation will need to consider how it currently collects personal information and how it notifies an individual about certain matters of that collection. The APP apply to all information that an organisation collects about an individual either directly or from a third party and require an organisation to take reasonable steps in the circumstances to provide notice for ensuring awareness of the collection. In most circumstances a current complying privacy policy that is displayed online will be sufficient.
Where can I find more information?
Information about the Privacy Act and its new requirements are summarised in a document published online at Office of the Australian Information Commissioner Website called “Privacy Fact Sheet 17”. This can be located at http://www.oaic.gov.au/images/documents/privacy/privacy-resources/privacy-fact-sheets/privacy-fact-sheet-17-australian-privacy-principles_2.pdf.
Contact details are below. If we can assist you in relation to privacy changes, website terms or anything else whether associated with this or not, please contact us.
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John Graves
Principal Bradfield & Scott Lawyers Level 1, 175 Macquarie Street Sydney NSW 2000 Telephone: 9233 7299 Email: jgraves@bradscott.com.au |
Kyle Sutherland
Bradfield & Scott Lawyers Level 1, 175 Macquarie Street Sydney NSW 2000 Telephone: 9233 7299 Email: ksutherland@bradscott.com.au |
