Question 3: Do I have rights under the Privacy Act when I use social networking sites?

View printable version of this page

Question 3:  Do I have rights under the Privacy Act when I use social networking sites?

Answer: This will depend on whether the social networking site is covered by the Privacy Act.

To be covered by the Privacy Act, an organisation must be based in Australia. This means that if the social networking site is based in another country, such as the USA, then you may not have privacy rights under Australian law when you use the site.

However if it is based in Australia, and it’s not a small business (a small business is an organisation with an annual turnover of $3 million or less) then the Privacy Act may apply. To find out more about which organisations are covered by the Privacy Act, go to www.privacy.gov.au/publications/IS12_01.html.

Another thing to keep in mind is that the Privacy Act doesn’t cover individuals acting in a personal capacity. So it is likely that individuals posting information on social networking sites would be exempt from the coverage of the Privacy Act (though their actions may be covered by other laws).

To find out what your rights are under the Privacy Act, visit www.privacy.gov.au/privacy_rights/npr.html.

Back to Social Networking FAQs