What does the Privacy Act cover? What are the new Australian Privacy Principles. A detailed overview of the 13 ne Australian Privacy Principles. What are the Privacy Commissioners new powers?

1. 2014 Privacy Update
Steve Brown, Etienne Lawyers

2. www.etiennelaw.com
What does the Privacy Act
Cover?
Privacy Act 1988 provides for the protections of an individual’s personal
information!
Privacy Act contains provisions that deal with?!
personal information!
sensitive information (such as health information)!
tax file numbers!
credit information

3. www.etiennelaw.com
Privacy Law Reform - outline
Privacy Amendment (Enhancing Privacy Protection)
Act 2012!
New Australian Privacy Principles (or APPs)!
Enhanced powers of the Commissioner!
How to prepare for the changes

4. www.etiennelaw.com
Australian Privacy Principles
13 new APPs to replace IPPs and NPPs!
Single set of principles which apply to both public and private sectors!
Government agencies and private sector organisations are referred to as ‘APP entities’!
Structured to reflect the information life cycle - collection, use and disclosure, quality and security, access
and correction!
Permitted general situation

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APP 1 - Open and transparent management
of personal information
Businesses must have a clearly expressed and up to
date privacy policy!
Businesses must take reasonable steps to implement
processes that will ensure that the business complies
with the APPs

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APP 2 - Anonymity and pseudonymity
Allows individuals to interact with agencies by not
identifying themselves!
Permits the individual to use a pseudonym!
Exceptions apply, such as where it is impracticable
for the business to deal with an unidentified
individual

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APP 3 - Collection of personal
and sensitive information
Outlines obligations relating to the collection of personal and
sensitive information!
Collection must be ‘reasonably necessary’ for, or ‘directly related’
to, one or more of a businesses functions or activities!
Higher standards for collection of sensitive information. Some
exceptions apply

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APP 4 - Dealing with unsolicited
personal information
New principle for handling unsolicited personal
information!
Establish if the information could have been
collected under APP 3!
Destroy or de-identify the information if it could not
have been collected under APP 3

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APP 5 - Notification of
collection
Outlines the matters a business must inform an individual about when the
business collects their personal information. These matters include:!
Information about a businesses APP policy!
Who the business is and how to contact it!
The purpose(s) of the collection!
Any collections from third parties

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APP 5 - Notification of
collection (cont)
Consequences of non-collection!
Complaint handling process!
Potential overseas disclosure

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APP 6 - Use or disclosure
Deals with use and disclosure of personal information!
Different obligations apply to the use or disclosure of
sensitive information.

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APP 6 - Use or disclosure (cont)
New limited exceptions, to permit use or disclosure
for secondary purpose:!
Locate a missing person!
Establish, exercise or defend a legal equitable claim!
Confidential alternative dispute resolution

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APP 7 - Direct marketing
Prohibits organisations from using or disclosing personal
information for direct marketing purposes, except in specified
circumstances!
Contracted service providers for Commonwealth contracts are
permitted to us or disclose personal information for the purpose
of direct marketing if certain conditions are met

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APP 8 - Cross border disclosure
Introduces an accountability approach for cross-border
disclosure!
Businesses must take reasonable steps to ensure overseas
recipients do not breach APPs!
Businesses may be accountable for a breach of Apps by overseas
recipients!
Exceptions apply

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APP 9 - Adoption, use or disclosure of
government related identifiers
Prohibits an organisation from adopting, or using a
government related identifier!
Generally replicates the exceptions under National
Privacy Principle 7, with some additions!
A business may be required to comply with APP 9
under s7A

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APP 10 - Quality
Requires agencies to take reasonable steps to ensure
personal information it collects, uses or discloses is:!
Accurate!
Up to date!
Complete

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APP 10 - Quality
Businesses should ensure that personal information
that it uses or discloses is also relevant for the
purpose of the use or disclosure

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APP 11 - Security
Inclusion of ‘interference’!
a business must take reasonable steps to protect
personal information it holds from misuse,
interference and loss, and from unauthorised
access, modification or disclosure

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APP 11 - Security (cont)
New destruction requirements!
the business must take such steps as are reasonable
in the circumstances to destroy the information or
to ensure the information is de-identified!
Some exceptions eg information contained in a
Commonwealth record

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APP 12 - Access
Businesses required to respond to requests for access
of personal information within 30 days!
Exceptions apply - Freedom of Information Act 1982
or other legislation!
Access should be provided in the requested manner
(where reasonable and practicable)

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APP 12 - Access (cont)
Individual not to be charged!
Written reasons for the refusal and complaint
mechanism

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APP 13 - Correction
Businesses required to take ‘reasonable steps’ to
correct personal information to ensure it is accurate,
up to date, complete, relevant and not misleading, if:!
business satisfied it needs to be corrected, or!
individual requests correction

23. www.etiennelaw.com
APP 13 - Correction (cont)
Business to respond to request within 30 days!
Individual not to be charged!
Statement required if business refuses to correct and
individual request statement!
Written reasons for refusal and complaint mechanism

24. www.etiennelaw.com
Commissioner’s new powers
Perfomance assessments!
Code making powers!
Ability to make a determination to resolve OMIs!
Enforceable penalty orders!
Ability to direct Privacy Impact Assessment to be
conducted

25. Steve Brown!
sbrown@etiennelaw.com
To avoid thousands of dollars in
legal fees and the possibility of a
gaol sentence call 1300 882 032
etienne
LAWYERS
in association with Davis King & Co