Site Changes

On 1 November 2010 the Office of the Privacy Commissioner was integrated into the Office of the Australian Information Commissioner and a new website established at www.oaic.gov.au.

Note 1: Major changes to the Privacy Act 1988 will come into effect in March 2014. Agencies, businesses and not for profits need to start preparing for these changes. For more information go to our privacy law reform page at www.oaic.gov.au
Note 2: From 12 March 2013 content is no longer being added to, or amended, on this site, consequently some information may be out of date. For new privacy content visit the www.oaic.gov.au website.

What does `trading in personal information` mean?

A business is 'trading' in personal information if it collects or discloses to someone else, an individual's personal information for a benefit, service or advantage. A benefit, service or advantage can be any kind of financial payment, concession or subsidy or some other advantage or service.

Trading in personal information generally means buying, selling or bartering personal information. For example, buying a mailing list without first getting the consent of all the individuals on that list, or disclosing customer details to someone else for some commercial gain.

A business is not trading in personal information if it gives or receives personal information for a benefit, service or advantage and it:

always has the consent of all the individuals concerned; or
only does so when authorised or required by law.

If you trade in personal information you will have to comply with the National Privacy Principles in the Privacy Act. Complying with the Privacy Act does not stop you collecting personal information for your business needs, it means following the rules about how you handle that information. For more information see the Guide for Small Business and Guidelines to the National Privacy Principles.