This part of the Privacy Commissioner's website provides answers to questions frequently asked of the Office of the Privacy Commissioner. If you have a question that you would like us to answer please send it to privacy@privacy.gov.au.

For 10 simple things that your agency or organisation can do to protect the personal information of others, see our handy Guide: 10 Steps to Protecting Other People’s Personal Information - HTML, PDF

General

1. I operate a small business. How do I know if I am covered by the Privacy Act? Answer
2. What does 'trading in personal information' mean? Answer
3. What does it mean to get 'the consent of all the individuals'? Answer
4. What happens if I sell my small business including a customer database? Answer
5. What happens if I buy a small business including a customer database? Answer
6. Does the Privacy Act affect due diligence if I am selling an exempt small business? Answer
7. How does a vendor comply with the Privacy Act in a due diligence process? Answer
8. How does a prospective purchaser comply with the Privacy Act in a due diligence process? Answer
9. Are sporting clubs covered by the new private sector provisions of the Privacy Act 1988? Answer
10. Can sporting clubs disclose information about a player's injury? Answer
11. If I am running a business as a genealogist researching other people's family histories, do I need to comply with the Privacy Act? Answer

Private Schools

1. Are private schools and colleges covered by the new private sector provisions of the Privacy Act 1988? Answer
2. Can private schools disclose non-education related personal information about students to their parents? Answer
3. Can parents whose children attend a private school/college still get access to their children's school reports? Answer

Small Business Marketing Practices

1. Can a business take information from public sources and use it to approach potential customers? Answer
2. Can a business use the electronic white pages; or the electoral roll; or land titles information; to get information to assist with cold calling? Answer
3. If a business obtains information about its customers in the course of providing them with goods and services, can it use that information for marketing purposes? Answer
4. Can a business use random number dialling to market products? Answer
5. Can a business build up personal profiles of business associates or clients as part of developing a relationship with them (for example by recording information they provide about their interests)? Answer

Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (AML/CTF Act)

See Business FAQs

About the FAQs

Responses to FAQs are based on the Office's understanding of how the Privacy Act works. The responses apply to the various privacy provisions and principles in a given situation and may help individuals, agencies, organisations and community groups in similar circumstances to reach a privacy solution.

Our responses to these questions are advisory only and not legally binding. You may need to seek separate legal advice on the application of the Privacy Act to your particular situation.

Nothing in an FAQ response limits the Privacy Commissioner's ability to investigate complaints under the Privacy Act or to apply the Information Privacy Principles or the National Privacy Principles in the way that seems most appropriate to the facts of the case being dealt with.

You may also wish to consult the Privacy Commissioner's guidelines and information sheets.