Most Read Contributor in Australia, September 2016
On 28 February 2014, the Office of the Australian Information
Commissioner (OAIC) issued a Statement in relation
to its approach to enforcement after the amendments to the Privacy
Act commence on 12 March 2004. For most businesses that will
involve compliance with the harmonised Australian Privacy
Principles (APPs), and for other businesses
include the changes to the credit reporting system.
The OAIC stated:
"Our compliance focus in the
months following 12 March 2014 will be on working with entities to
ensure that they understand the new requirements and have the
systems in place to meet them. In resolving matters brought to the
attention of the OAIC we will take into account the steps taken by
entities to genuinely prepare for the changes and to comply with
the new legal requirements".
Accordingly, businesses that are not fully prepared but are
taking genuine steps to comply with the new laws will have the
benefit of this approach.
The OAIC Statement notes that a number of detailed guidance
notes have been prepared and published for both businesses and
agencies in relation to the privacy reforms. The latest update from
the OAIC is here
More... And a number of updates are also available on the
Holding Redlich website
The OAIC confirmed its enforcement model is an escalation model.
That is, it would first try to resolve complaints by an individual
with the relevant organisation by conciliation. If this was
unsuccessful then the OAIC would use other tools such as
determinations, enforceable undertakings or in some circumstances
initiating court proceedings for civil penalties.
We have been working with clients to provide privacy statements
and privacy clauses. To be effective we have been working with
clients to audit their personal information collection, usage, and
disclosure processes so that appropriate changes can be made and
staff can be trained.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Those types of personal disclosure may still be permitted under the Privacy Act as long as your house is in order.
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