Surveying the privacy landscape

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Presentation transcript:

Surveying the privacy landscape Dr Anthony Bendall Acting Victorian Privacy Commissioner 6/10/2018

“the right to be let alone...”

Human Right

New technologies

Privacy law Information Privacy Act 2000 (Vic) Privacy Act 1988 (Cth) Information Privacy Principles (IPPs) Privacy Act 1988 (Cth) National Privacy Principles (NPPs)

Who does it apply to? Planning authorities (IPA) Contractors (IPA) Local councils Departments Contractors (IPA) Contracted Service Providers (CSPs) Agents Private sector organisations (PA) Annual turnover more than $3 m

Personal information “...recorded in any form and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained from the information or opinion...”

IPPs/NPPs Collection Use and disclosure Data Quality Data Security Openness Access and Correction Unique Identifiers Anonymity Transborder Data Flows Sensitive Information

IPP 1 - Collection Necessary Lawful Fair Not unreasonably intrusive NOTICE

IPP1.3 - Notice Reasonable steps Timely Who’s collecting and how to contact Access Purposes for collection Usual disclosures Any law requiring collection Consequences if not provided

IPP 2 - Use and disclosure Primary purpose Secondary related purpose that is reasonably expected Public interest

IPP 3 – Data Quality Reasonable steps Accurate Complete Up to date

IPP 6 – Access and correction FOI IPP 6

The cloud

Conclusion Further information: www.privacy.vic.gov.au 1300 666 444 enquiries@privacy.vic.gov.au