Privacy - what it means for your business

The Australian Federal Government passed the Privacy Amendment (Private Sector) Act 2000 in December 2000. The act, which came into effect on the 21st December 2001, includes a number of National Privacy Principles (NPPs) regulating the collection, storage, access to, use, disclosure and de-identification of personal information. The Principles establish a minimum standard that private sector organisations must observe when handling personal information.

If your organisation has revenues of $3M or over, you will need to comply with the act. The act is overseen by the Office of the Federal Privacy Commissioner who actively investigate complaints from the Public.

The Ten National Privacy Principles are:

1.
Collection
Collection of personal information must be fair, lawful and not intrusive. A person must be told the organisation’s name, the purpose of collection, that the person can get access to their personal information and what happens if the person does not give the information.
2.
Use & Disclosure
An organisation should only use or disclose information for the purpose it was collected unless the person has consented, or the secondary purpose is related to the primary purpose and a person would reasonably expect such use or disclosure, or the use is for direct marketing in specified circumstances, or in circumstances related to public interest such as law enforcement and public or individual health and safety.
3.
Data Quality
An organisation must take reasonable steps to make sure that the personal information it collects, uses or discloses is accurate, complete and up-to date.
4.
Data Security
An organisation must take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access modification or disclosure.
5.
Openness
An organisation must have a policy document outlining its information handling practices and make this available to anyone who asks.
6.
Access & Correction
Generally speaking, an organisation must give an individual access to personal information it holds about that individual on request.
7.
Identifiers
Generally speaking an organisation must not adopt, use or disclose, an identifier that has been assigned by a Commonwealth government ‘agency’.
8.
Anonymity
Organisations must give people the option to interact anonymously whenever it is lawful and practicable to do.
9.
Transborder Data Flows
An organisation can only transfer personal information to a recipient in a foreign country in circumstances where the information will have appropriate protection.
10.
Sensitive Information
An organisation must not collect sensitive information unless the individual has consented, it is required by law – or in other special specified circumstances, for example, relating to health services provision and individual or public health or safety.

Individual organisations may develop, adopt and enforce their own codes, which must be approved by the Privacy Commissioner as being at least equivalent to the NPPs. In the absence of a specific code, an organisation must comply with the NPPs. Try our Spot Test for a quick check.

Linus can help you comply with specialist serivces and solutions to assist. We:

  • Have a structured methodology to assess your Privacy and Security exposure

  • Will develop a cost effective strategy for your compliance

  • Can amend/facilitate required changes to:
    - application forms
    - web pages
    - business process
    - access control

  • Have a number of solutions to address your organisation’s needs.

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