Privacy Laws in Australia
Useful for: Business, Not for Profit
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. Various legislation specific to States and Territories is in place and guides to that legislation can be found on the Australian Government Office of the Australian Information Commissioner (OAIC) website.
- 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.
- Sensitive Information is personal information but it is more specific, eg information about a person’s race, medical information, health status, criminal record. It is more difficult to justify disclosure of sensitive information, which is subject to its own rules and subject to higher standards of protection under the Act.
- The Australian Privacy Principles (APPs) are the “rules” for collection and disclosure of personal information. The APP’s, along with other useful information, can be found on the OAIC website.
- A small business is currently defined as one with a turnover of less than $3 million per year.
- If your business is subject to the Privacy Act you must also report Notifiable Data Breaches. That is, you must notify the OAIC and all affected individuals when a data breach involving personal information is likely to result in serious harm.
- Emerging law will significantly strengthen the powers of the OAIC as well as introducing new laws in relation to doxxing and serious invasions of privacy.
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