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Duty of Confidence – Can you keep a Secret
In Brief A duty of confidence may arise under the general law or because of a contractual arrangement put in place between the owner of confidential information and the recipient of that information.
Privacy Law – drafting policy
In Brief Personal Information is information that may identify a person and could include a person’s name, address, telephone numbers, email address, date of birth, employment details, driver’s licence number, medicare details, medical details, bank details, a person’s IP address, metadata held within a computer system and biometric information.
Privacy Laws in Australia
In Brief In Australia, the collection and handling of “personal information” is regulated by the federal Privacy Act (1988) (Privacy Act). The Act applies to Australian Government agencies (with exceptions) and to the private sector but does not generally apply to State and Territory government or local government entities.
The Duty of Confidence
In Brief Where there is no specific consideration being given for the agreement (for example where only one party is agreeing to keep information confidential), the agreement should be drafted and executed as a Deed.