Is Your Small Business Exempt?

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I v Commonwealth Agency 2010 PrivCmrA 10

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This case note involves a disclosure of a person’s personal information by a Australian government agency by relying on the implied consent of the person.

I v Commonwealth Agency [2005] PrivCmrA 6

Application of the Privacy Act to judicial records of federal courts.

I v Commonwealth Agency[2005] PrivCmrA 6

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Application of the Privacy Act to judicial records of federal courts.

I v Contracted Service Provider to Commonwealth Agency [2008] PrivCmrA 9

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Unnecessary collection of personal information and failure to provide adequate notice when collecting personal information.

I v Insurance Company [2007] PrivCmrA 11

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Unauthorised access and use of personal information

I v Insurance Company [2009] PrivCmrA 11

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Disclosure of personal information

I v Major wholesaler [2003] PrivCmrA 7

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Unauthorised access to credit reports held by a credit reporting agency

I v Retail Company [2006] PrivCmrA 8

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Collection of sensitive information by a retail company for the purpose of loss prevention and the security of personal information and destruction of old records.

Information Privacy Principles 1 - 3 (October 1994)

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Information Privacy Principles 4 - 7 (February 1998)

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Information Privacy Principles 8 - 11 (November 1996)

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Information Sheet (About the Office): Conciliation of Privacy Complaints

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The information below explains the conciliation process so that you know what to expect when participating in conciliation as part of the Office of the Privacy Commissioners complaint handling process. When the Office of the Privacy Commissioner (the Office) receives a complaint it decides how it will be handled. The best way to...

Information Sheet (Private Sector) 1 - 2001: Overview of the Private Sector Provisions

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**NOTE: updated with minor amendments 27 November 2007. New private sector provisions in the Privacy Act 1988 (Cth) (the Privacy Act) regulate the way many private sector organisations collect, use, keep secure and disclose personal information. For the first time, they give individuals the right to know what information an...

Information Sheet (Private Sector) 10 - 2001 Application to the Privacy Act to Information Already Held

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When the new private sector amendments to the Privacy Act 1988 (Cth) (the Privacy Act) come into force on 21 December 2001, not all the National Privacy Principles (NPPs) will apply to information that private sector organisations have already collected. Section 16C of the Privacy Act sets out which NPPs will apply regardless of w...

Information Sheet (Private Sector) 11 - 2001: Privacy Codes

New private sector provisions in the Privacy Act 1988 (Cth) (the Privacy Act) regulate the way the private sector organisations collect, use, keep secure and disclose personal information. The private sector provisions aim to give people greater control over the way information about them is handled in the private sector by requiring organisation...

Information Sheet (Private Sector) 12 - 2001 Coverage of and Exemptions from the Private Sector Provisions

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**NOTE: updated with minor amendments 27 November 2007. This information sheet aims to help organisations work out if the private sector provisions in the Privacy Act 1988 (Cth) (the Privacy Act) apply to them. It lists the type of entities that the Privacy Act will apply to and those that will be exempt from its covera...

Information Sheet (Private Sector) 13 - 2001: The Federal Privacy Commissioner's Approach to Promoting Compliance with the Privacy Act

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Ensuring that organisations comply with their obligations under the Privacy Act is one of the Offices most important functions. Good advice and good rules only make a real difference if they are put into practice. This information sheet sets out the approach the Office intends to take to promoting compliance with the requirements...

Information Sheet (Private Sector) 14 - 2001: Privacy Obligations for Commonwealth Contracts

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Background Commonwealth Government agencies (agencies) are required to comply with the Information Privacy Principles (IPPs) in the Privacy Act 1988 (Cth) (the Privacy Act) when handling personal information. At times agencies contract out (outsource) a function that requires a contractor to collect and handle personal informat...

Information Sheet (Private Sector) 15 - 2002: National Privacy Principle 7 - Identifiers in the Health Sector

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This Information Sheet has been developed in response to a number of enquiries in relation to the adoption, use and disclosure of Commonwealth identifiers (including the Medicare number) in the health sector. These enquiries have arisen with the commencement of the Commonwealth-s new privacy law. This law came into effect on 21 De...

Information Sheet (Private Sector) 16 - 2002: Application of Key NPPs to Due Diligence and Completion when Buying and Selling a Business

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Background This Information Sheet is designed to help organisations involved in the sale and purchase of a business to comply with their obligations under the Privacy Act 1988 (Cth) (the Privacy Act). The Information Sheet was developed in collaboration with the Law Council of Australia. Sales of businesses are generally struct...

Information Sheet (Private Sector) 17 - 2003: Privacy and Personal Information that is Publicly Available

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Introduction In carrying on their activities many organisations collect personal information from a range of public sources. These include books, newspapers, magazines, websites, television, radio, telephone directories (hard copy and electronic), share registers, the register of births, deaths and marriages, ASIC company regis...

Information Sheet (Private Sector) 18 - 2003: Taking reasonable steps to make individuals aware that personal information about them is being collected

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Background National Privacy Principles (NPPs) 1.3 and 1.5 of the Privacy Act 1988 (Cth) (the Privacy Act) aim to make sure that individuals know who collects personal information about them, the purpose of collection and what happens to the information after it is collected. This helps give individuals some control over informa...

Information Sheet (Private Sector) 19 - 2007: The Prescription Shopping Information Service (PSIS) and The Privacy Act

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Key Message In order to comply with Privacy Act obligations, the Office of the Privacy Commissioner advises practitioners that it is generally good privacy practice to seek the patients consent before collecting health information from the Prescription Shopping Information Service (PSIS). However, the Privacy Act also permits...

Information Sheet (Private Sector) 1A: National Privacy Principles

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Principle 1 - Collection Principle 2 - Use and disclosure Principle 3 - Data quality Principle 4 - Data security Principle 5 - Openness Principle 6 - Access and correction Principle 7 - Identifiers Principle 8 - Anonymity Principle 9 - Transborder data flows Principle 10 - Sensitive information...

Information Sheet (Private Sector) 2 - 2001: Preparing for 21 December 2001

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New privacy provisions New private sector provisions in the Privacy Act 1988 (Cth) (the Privacy Act) regulating the way many private sector organisations collect, use, keep secure and disclose personal information come into effect on 21 December 2001. Organisations may choose to be bound by a privacy code approved by the Privac...

Information Sheet (Private Sector) 20 - 2007: Scanning 'Proof of Identity' Documents

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Key Messages  Good privacy practices are good for business. The Office of the Privacy Commissioner (the Office) is aware that with the adoption of new technologies by many businesses, the practice of scanning proof of identity documents is becoming more common. This practice can, however, create significant privacy risks and could undermi...

Information Sheet (Private Sector) 21 - 2008: Denial of access to health information due to a serious threat to life or health

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Key Messages The Privacy Act and access to health information The federal Privacy Act requires health service providers in the private sector to give a patient access to their health information if the individual requests it. However, access may be denied to the individual if an exception listed in the Privacy Act applies....

Information Sheet (Private Sector) 22 - 2008: Fees for access to health information under the Privacy Act

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Key Messages The Privacy Act and charging fees for access The federal Privacy Actrequires health service providers in the private sector to give a patient access to their health information if requested, unless a listed exception applies. Under the Privacy Act: providers are not required to charge a fee for giving access;...

Information Sheet (Private Sector) 23 - 2008: Use and disclosure of health information for management, funding and monitoring of a health service

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Key Messages Privacy and the handling of health information The federal Privacy Act is consistent with good treatment practices and permits appropriate information flows within the private health care sector, including for the management, funding and monitoring of a health service. It achieves this by building on existing relationships of t...

Information Sheet (Private Sector) 24 - 2008: Disclosure of health information and impaired capacity

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Key Messages The Privacy Act and Impaired Capacity There will often be times where a patient is unable to give consent to the disclosure of their health information to loved ones. Under the federal Privacy Act, doctors and other health service providers may share the information of an incapacitated patient with family, a partner or...

Information Sheet (Private Sector) 25 - 2008: Sharing health information to provide a health service

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Key Messages Privacy and caring for your patient The federal Privacy Act is consistent with good treatment practices and promotes appropriate information flows within the health sector, by building on existing relationships of trust between health professionals and patients. What does the Privacy Act say about how patients information sho...

Information Sheet (Private Sector) 26 - 2008: Interaction between the Privacy Act and the Spam Act

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Key Messages Introduction The Spam Act prohibits sending unsolicited commercial electronic messages (spam).  The Acts coverage includes emails, instant messaging, SMS and MMS (text and image-based mobile phone messaging) of a commercial nature. The Spam Act applies to any commercial electronic message with an Aust...

Information Sheet (Private Sector) 28 - 2009: NPP 3 Data Quality

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Key Messages This information sheet will assist private sector organisations covered by the Privacy Act 1988 (Cth) (Privacy Act) to comply with their obligations under National Privacy Principle 3 (NPP 3).  NPP 3 requires organisations to take reasonable steps to make sure the personal information they collect, use or disclose is accura...

Information Sheet (Private Sector) 29 - 2009: Use or disclosure of genetic information in the private health sector

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This information sheet is for health service providers in the private health sector.  It relates to privacy and the use or disclosure of genetic information to lessen or prevent a serious threat to life, health or safety of a patient’s genetic relatives.

Information Sheet (Private Sector) 3 - 2001: Openness

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National Privacy Principle 5 (NPP 5) requires organisations to be open about their handling of personal information in two ways. This information sheet expands on the Privacy Commissioners Guidelines to the National Privacy Principles. Ways an organisation could give NPP 5.1 information There are a number of ways an organisati...

Information Sheet (Private Sector) 30 - 2010: ID scanning in clubs and pubs

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This information sheet is for private sector hospitality organisations like clubs and pubs that are covered by the Privacy Act.  It provides compliance tips and examples for when they copy, scan or otherwise collect personal information about their patrons.

Information Sheet (Private Sector) 4 - 2001: Access and Correction

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Key Messages National Privacy Principle (NPP) 6 in the Privacy Act 1988 (Privacy Act) provides individuals with a right of access to information held about them by an organisation.  How organisations give access will depend on the circumstances. In some cases organisations may wish to provide a photocopy or print out of the information...

Information Sheet (Private Sector) 5 - 2001: Access and the Use of Intermediaries

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The following information is provided to assist organisations when they are considering ways to comply with National Privacy Principle 6.3 (NPP 6.3). This principle allows an individual to be given access to information through an intermediary. Role of an intermediary NPP 6.3 requires that an organisation must consider using an...

Information Sheet (Private Sector) 6 - 2001: Security and Personal Information

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National Privacy Principle (NPP) 4.1 provides that an organisation must take reasonable steps to protect the personal information it holds from misuse and loss and from unauthorised access, modification or disclosure. Data security is an important way of ensuring that personal information is only used for permissible purposes. In...

Information Sheet (Private Sector) 7 - 2001: Unlawful Activity and Law Enforcement

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The Privacy Act 1988 (Cth) (the Privacy Act) seeks to balance the privacy of individuals with the public interest in law enforcement and the regulatory objectives of government. In the course of carrying out their activities and functions, enforcement bodies, government agencies and regulatory authorities collect personal informat...

Information Sheet (Private Sector) 8 - 2001: Contractors

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This information sheet aims to help organisations that enter into contracts with other parties to comply with their obligations under the National Privacy Principles (NPPs) in the Privacy Act 1988 (Cth) (the Privacy Act). In particular, it is relevant to an organisation that enters into a contract with another party (the contracto...

Information Sheet (Private Sector) 9 - 2001: Handling Health Information for Research and Management

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Under the National Privacy Principles (NPPs) sensitive information cannot usually be collected without the persons consent (NPP 10). Health information is one type of sensitive information (as defined in section 6 of the Privacy Act, 1988 (Cth) (the Privacy Act)). However NPP 10.3 permits organisations to collect health informatio...

Information Sheet (Public and Private Sectors) 1 - Emergencies and disasters

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This Information Sheet discusses how Part VIA of the Privacy Act 1988 applies to the handling of personal information in declared emergencies or disasters.

Information Sheet (Public Sector) 1 - Information Privacy Principles under the Privacy Act 1988

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Principle 1 - Manner and purpose of collection of personal information Principle 2 - Solicitation of personal information from individual concerned Principle 3 - Solicitation of personal information generally Principle 4 - Storage and security of personal information Principle 5 - Info...

Information Sheet (Public Sector) 2 - A step-by-step guide to internal investigations of privacy complaints by Australian and ACT government agencies

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This information sheet assists Australian and ACT government agencies covered by the Privacy Act 1988 (Cth) (the Act) to address a privacy complaint by an individual. Are you covered under the Act? The Act requires that most Australian Government agencies comply with the Information Privacy Principles (IPPs)....

Information Sheet (Public Sector) 3 - Portable storage devices and personal information handling

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This information sheet suggests a number of steps Australian and ACT Government agencies should consider taking to help safeguard personal information stored or handled on portable storage devices.  What is a portable storage device? A portable storage device (PSD) is defined in this information sheet as a small, lightweight, portabl...

IPPs - Plain English Summary

This is a Plain English summary of the IPPs.

Information Privacy Principles Audit Manual Part 1 (March 1995)

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Issues Paper 2004 re Section 135AA Guidelines Review

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This Issues Paper was prepared as part of a Review of the Medicare and Pharmaceutical Benefits Programs Privacy Guidelines commencing in 2004.

Information Privacy Principles Audit Process

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ID theft is a major invasion of privacy

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A speech by Privacy Commissioner Karen Curtis, for the Safeguarding Australia Conference, Tuesday 12 July.

Implementing Privacy Legislation in the Health Care Sector--Challenges & Perspectives

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a talk delivered by Malcolm Crompton, Privacy Commissioner to a University of Sydney Faculty of Law, Health Law Seminar, 26 June 2001

Implications for employment service providers

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delivered by Brant Pridmore, Director, Compliance to the Jobs Australia National Conference, 16 May 2001

International Privacy: The Australian perspective

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a presentation by Privacy Commissioner Malcolm Crompton to the Plenary Session of Third Annual Privacy Summit convened by the International Association of Privacy Professionals, Washington DC, 27 February 2003

Introduction to Privacy Connections forum:

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Speech by Karen Curtis, Privacy Commissioner, 5 July 2007

Improving Identity Check Processes for Pre-paid Mobile Services; Submission to the Australian Communications and Media Authority (April 2006)

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April 2006 Executive Summary 1. Office of the Privacy Commissioner  2. Background 3. Experience of the Office 4. References to the Privacy Act 5. Identity Management 6. Operation of the National Privacy Principles 6.1 Collecting and storing only necessary information 6.2 T...

Increased MBS Compliance Audits Initiative; Submission to the Senate Standing Committee on Community Affairs Inquiry (April 2009)

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Increased MBS Compliance Audits Initiative Submission to the Senate Standing Committee on Community Affairs Inquiry April 2009

Industry Standard for the Making of Telemarketing Calls - Discussion Paper; Submission to the ACMA Australian Communications and Media Authority (September 2006)

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Submmission on the Industry Standard for the Making of Telemarketing Calls Discussion Paper to the Australian Communications and Media Authority September 2006

Inquiry into 'Future impact of serious and organised crime on Australian society': Submission to Parliamentary Joint Committee on the Australian Crime Commission (August 2007)

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Inquiry into Cyber Safety Issues Affecting Children and Young People; Submission to the Joint Select Committee on Cyber Safety (July 2010)

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Submission to the Australian Parliament's Joint Select Committee on Cyber Safety inquiry into Cyber Safety Issues Affecting Children and Young People (July 2010)

Inquiry into donor conception in Australia; Submission to Senate Legal and Constitutional Committee (September 2010)

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Inquiry into Exposure Drafts of Australian Privacy Amendment Legislation (APPs); Submission to the Senate Finance and Public Administration Committee (August 2010)

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Submission on Australian Privacy Principles Exposure Draft and Companion Guide (June 2010) to Senate Finance and Public Administration Committee August 2010

Inquiry into the Anti-Money Laundering and Counter-Terrorism Financing Bill 2006 and the Anti-Money Laundering and Counter-Terrorism Financing (Transitional Provisions and Consequential Amendments) Bill 2006; Submission to the Senate Legal and Constitutional Affairs Committee (November 2006)

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Submission to the Senate Legal and Constitutional Affairs Committee November 2006Office of the Privacy Commissioner The Office of the Privacy Commissioner (the Office) is an independent statutory body responsible for promoting an Australian culture that respects privacy. The Office, established under the Privacy Act 1988 (Cth) (the Pr...

Inquiry into the Anti-Money Laundering and Counter-Terrorism Financing Bill 2006 and the Anti-Money Laundering and Counter-Terrorism Financing (Transitional Provisions and Consequential Amendments) Bill 2006; Supplementary Submission to the Senate Legal and Constitutional Affairs Committee (November 2006)

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Additional comments and information from the Office of the Privacy Commissioner arising from the Office’s attendance at the Committee’s inquiry on Wednesday 22 November 2006 and from an additional question forwarded from the Committee on Thursday 23 November 2006.

Inquiry into the AusCheck Bill 2006 - Questions on Notice Supplementary Submission

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QUESTIONS ON NOTICE QUESTION 1 Received from Senator KIRK: The Senator asked the Office of the Privacy Commissioner to provide the committee with a form of words regarding how clause 5(d) could be re drafted to reflect the Offices comments that it could benefit from being referenced to the risk associated with particular appoin...

Inquiry into the AusCheck Bill 2006; Submission to the Senate Legal and Constitutional Affairs Committee (February 2007)

Submission to the Senate Legal and Constitutional Affairs CommitteeFebruary 2007 Office of the Privacy Commissioner The Office of the Privacy Commissioner (the Office) is an independent statutory body whose purpose is to promote and protect privacy in Australia. The Office, established under the Privacy Act 1988 (Cth) (the Privacy Act) has re...

Inquiry into the Australian Citizenship Bill 2005; Submission to the Senate Legal and Constitutional Legislation Committee (January 2006)

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Submission on Inquiry into the Australian Citizenship Bill 2005 to Senate Legal and Constitutional Committee January 2006

Inquiry into the Exposure Draft of the Anti-Money Laundering and Counter-Terrorism Financing Bill 2005; Submission to the Senate Legal and Constitutional Legislation Committee (March 2006)

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Submission on the Inquiry into the Exposure Draft of the Anti-Money Laundering and Counter-Terrorism Financing Bill 2005 to the Senate Legal and Constitutional Committee March 2006

Inquiry into the Fair Work Bill 2008; Submission to the Senate Education, Employment and Workplace Relations Committee (January 2009)

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January 2009 Key Recommendations The Office of the Privacy Commissioner (the Office) notes that the Fair Work Bill 2008 (the Bill) is part of a wider policy initiative by the Department of Education, Employment and Workplace Relations to provide a balanced framework for cooperative and productive workplace relations. ...

Inquiry into the Freedom of Information (Removal of Conclusive Certificates and Other Measures) Bill 2008; Submission to Senate Finance and Public Administration Committee (January 2009)

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January 2009 Ms Christine McDonald Committee Secretary Senate Finance and Public Administration Committee Department of the Senate Parliament House CANBERRA ACT 2600 Dear Ms McDonald Inquiry into the Freedom of In...

Inquiry into the Human Services (Enhanced Service Delivery) Bill 2007; Submission to the Senate Finance and Public Administration Committee (February 2007)

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Submission to the Senate Finance and Public Administration Committee February 2007 Office of the Privacy Commissioner Background General comments Detailed comments on the Bill Part 1 - Introduction Part 2 - Registration Information on the register Discretionary funct...

Inquiry into the Independent Reviewer of Terrorism Laws Bill 2008 [No. 2]; Submission to the Senate Legal and Constitutional Affairs Committee (September 2008)

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September 2008 Mr Peter Hallahan Committee Secretary Senate Legal and Constitutional Committee Department of the Senate PO Box 6100 Parliament House Canberra ACT 2600   Dear Mr Hallahan INQUIRY INT...

Inquiry into the Migration Legislation Amendment (Worker Protection) Bill 2008: Submission to Senate Legal and Constitutional Affairs Committee (October 2008)

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October 2008 Senator the Hon Trish Crossin Chair, Senate Legal and Constitutional Committee Parliament House Canberra ACT 2600 Dear Senator Crossin SENATE LEGAL AND CONSTITUTIONAL COMMITTEE INQUIRY INTO THE MIGRATION LEGISLATION AMENDMENT (WORK...

Inquiry into the National Registration and Accreditation Scheme for doctors and other health workers; Submission to the Senate Community Affairs Committee (April 2009)

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Inquiry into the Northern Territory National Emergency Response Bill 2007 & Related Bills: Submission to Senate Standing Committee on Legal and Constitutional Affairs (August 2007)

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Submission to Senate Standing Committee on Legal and Constitutional Affairs August 2007

Inquiry into the Privacy Legislation Amendment (Emergencies and Disasters) Bill 2006; Submission to the Senate Legal and Constitutional Affairs Committee (October 2006)

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September 2006 Office of the Privacy Commissioner Background The proposed amendments Declaration of emergency- ss 80J 80K Permitted purposes - ss 80H, 80P(1)(b) When declarations cease to have effect - 80N Persons responsible - for an individual s80P (1)(c)(v) Designated secrecy provision - s80P(7)(a)-...

Inquiry into the provisions of the Do Not Call Register Bill 2006 and the Do Not Call Register (Consequential Amendments) Bill 2006; Submission to the Senate Environment, Communications Information Technology and the Arts Legislation Committee (June 2006)

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June 2006 Office of the Privacy Commissioner Background A National Do Not Call Register Privacy Act coverage The Register Organisations Helping the Register to work Registration and re-registration Notice and public awareness Exemptions...

Inquiry into the provisions of the Telecommunications (Interception) Amendment Bill 2006; Submission to the Senate Legal and Constitutional Legislation Committee (March 2006)

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  Our reference: 05-0124-01hc Senator Marise Payne Chair, Senate Legal and Constitutional Legislation Committee Department of the Senate Parliament House Canberra ACT 2600 Dear Senator Payne Inquiry into the provisions of the Telecommunications (Interception) Amendment Bill 2006 Than...

Inquiry into the Tax Laws Amendment (Confidentiality of Taxpayer Information) Bill 2009; Submission to the Senate Standing Committee on Economics (December 2009)

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Submission on Inquiry into the Tax Laws Amendment (Confidentiality of Taxpayer Information) Bill 2009 to the Senate Standing Committee on Economics December 2009

Inquiry into whistleblowing protections within the Australian Government public sector; joint submission by the Australian Public Service Commission, the Office of the Privacy Commissioner and the National Archives of Australia to the House of Representatives Standing Committee on Legal and Constitutional Affairs (August 2008)

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Issues Paper 33 - Legal Professional Privilege and Commonwealth Investigatory Bodies; Submission to the Australian Law Reform Commission (June 2007)

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Submission to the Australian Law Reform Commission June 2007 Office of the Privacy Commissioner The Office of the Privacy Commissioner (the Office) is an independent statutory body whose purpose is to promote and protect privacy in Australia.  The Office, established under the Privacy Act 1988 (Cth) (the Privacy Act), has responsibilitie...

Issues Paper No.12 - Inquiry into Automatic Number Plate Recognition Technology; Submission to the Queensland Parliamentary Travelsafe Committee (February 2008)

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