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The Australian Privacy Principles Protecting information rights –­ advancing information policy.

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Presentation on theme: "The Australian Privacy Principles Protecting information rights –­ advancing information policy."— Presentation transcript:

1 The Australian Privacy Principles Protecting information rights –­ advancing information policy

2 Australian Privacy Principles Changes commenced on 12 March 2014 13 new Australian Privacy Principles (APPs) Government agencies and private sector organisations referred to as ‘APP entities’ APPs replace the IPPs and NPPs

3 Australian Privacy Principles guidelines

4 APP 1 — Open and transparent management of personal information Ensures that APP entities manage personal information in an open and transparent way. This includes having a clearly expressed and up-to-date APP privacy policy

5 APP 2 — Anonymity and pseudonymity Requires APP entities to give individuals the option of not identifying themselves, or of using a pseudonym unless identification is required

6 APP 3 – Collection of solicited personal information An APP entity can solicit personal information under certain circumstances. Higher standards apply to the collection of ‘sensitive’ information

7 APP 4 — Dealing with unsolicited personal information If an APP entity receives unsolicited personal information, it must assess whether it could have collected the information under APP 3

8 APP 5 — Notification of the collection of personal information If an APP entity that collects personal information they must notify an individual of certain matters, including their contact details, the purpose of the collection and information about their APP privacy policy

9 APP 6 — Use or disclosure An APP entity can only use or disclose personal information for a purpose for which it was collected or for a secondary purpose if an exception applies

10 APP 6 — Use or disclosure An APP entity can only use or disclose personal information for a purpose for which it was collected or for a secondary purpose if an exception applies

11 APP 7 – Direct marketing An organisation may only use or disclose personal information for direct marketing purposes if certain conditions are met

12 APP 8 – Cross border disclosure of personal information Before an APP entity discloses personal information to an overseas recipient, the entity must take reasonable steps to ensure that the overseas recipient does not breach the APPs in relation to the information

13 APP 9 — Adoption, use or disclosure of government related identifiers An organisation may only adopt a government related identifier of an individual as its own identifier, or use or disclose a government related identifier of an individual, in very limited circumstances

14 APP 10 — Quality of personal information An APP entity must take reasonable steps to ensure the personal information it collects is accurate, up-to-date and complete. An entity must also take reasonable steps to ensure the personal information it uses or discloses is accurate, up-to-date, complete and relevant, having regard to the purpose of the use or disclosure

15 APP 11 — Security of personal information An APP entity must take reasonable steps to protect personal information it holds from misuse, interference and loss, and from unauthorised access, modification or disclosure. An entity has obligations to destroy or de-identify personal information in certain circumstances

16 APP 12 — Access to personal information An APP entity must provide an individual with access to the person information they hold about them, unless a specific exception applies

17 APP 13 — Correction of personal information An APP entity must take reasonable steps to correct an individual’s personal information on request, or if the entity is satisfied that the information is inaccurate, out-of-date, incomplete, irrelevant or misleading

18 APP 13 — Correction of personal information

19 OAIC’s powers Privacy performance assessments Privacy impact assessment directions (for agencies only) Enforceable codes Complaint investigations Commissioner initiated investigations Enforceable undertakings Determinations Injunctions and civil penalty orders

20 OAIC’s powers Privacy performance assessments Privacy impact assessment directions (for agencies only) Enforceable codes Complaint investigations Commissioner initiated investigations Enforceable undertakings Determinations Injunctions and civil penalty orders

21 Need further information? Visit the OAIC website — www.oaic.gov.auwww.oaic.gov.au General guidance Guidance on APPs Guidance on credit reporting, external dispute resolution schemes, codes, health research and missing persons


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