On Wednesday 28 November 2012, in anticipation of the passing of the Privacy Amendment (Enhancing Privacy Protection) Bill 2012 through both houses of Federal Parliament, I posted a blog titled, ‘The New Australian Privacy Principles: What’s the Big Deal?’.
The new-look Privacy Act
If you were looking for some work to do over the Christmas break, I have some good news! On Thursday 29 November 2012, the Bill was passed. Once the Bill has been assented, so as to formally make it an Act of Parliament, the amendments will be incorporated into the Privacy Act 1988, and are likely to become effective as of March 2014.
This may seem like a while away, but we all know how time flies! It’s important that you begin thinking about whether the new APP’s will apply to your organisation and what will need to be done in order to ensure compliance.
What’s my action plan, again?
Just to remind you, you ought to be looking at your organisation’s systems and procedures and determining the answers to the following questions:
– Is my business/ organisation an APP entity?
– What information does my organisation collect that could be regarded as ‘personal information’?
– For what purpose did we collect this information? Is it still being used for just that purpose?
– How do we ensure that the information remains accurate and secure?
– Do we use the information for direct marketing? If so, do we comply with the requirements to enable us to use the information for this purpose?
– Do we disclose the information to another Australian entity? What about an overseas recipient?
Your obligations and rights under the Privacy Act 1988 can become complicated, so seek legal advice for assistance.
For more information on the broader application and effects of the new laws, including credit reporting, visit the website of the Office of the Australian Information Commissioner.
Creative Commons image provided by rponsaj on Flickr.com
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This article is posted in Adelaide, South Australia by Tri-meridian Corporate & Commercial Law and is intended to be used as a guide only. It is not, and is not intended to be, advice on any specific matter. We do not accept responsibility for any acts or omissions resulting from reliance upon the content of this article. Before acting on the basis of any material in this article, we recommend that you consult your professional adviser.