Privacy law in Australia is regulated by the Privacy Act 1988. Australian Privacy laws regulate the handling of ‘personal information’, which generally refers to any information or opinion about an individual. Examples of personal information include names, email addresses, addresses, employment details, credit card details, health information and sensitive information.
The Privacy Act imposes obligations on organisations in relation to the way in which they collect, hold, use, store and destroy personal information, including the requirement to:
- Appoint a dedicated ‘privacy officer’
- Obtain consent to collect and use personal information
- Have a policy to identify and respond to data breaches
Organisations and individuals will be required to comply with the Privacy Act if they:
- have annual turnover of $3 million or more; OR
- provide health services; OR
- trade in personal information; OR
- provide services to the government; OR
- engage in credit reporting activities.
Businesses also have will also have mandatory reporting obligations, and in the event of an ‘eligible data breach’ will be required to notify the Australian Information Commissioner and any impacted individuals.
An ‘eligible data breach’ occurs if:
- The personal information held by an entity has been lost, accessed or disclosed without authorisation; and
- The access, disclosure or loss is likely to result in serious harm to any of the individuals to whom the information relates.
How can Kalus Kenny Intelex help?
We can assist you with your Privacy Act compliance obligations, including to:
- review and update your existing personal information handling practices;
- provide advice, seminars and training sessions for your staff;
- prepare a data breach response plan for your business;
- assist you to identify the types of breaches you must report, and assist in the process of investigating, handling and reporting breaches.
Our Commercial Law Team
From our Knowledge Base
Temporary Occupational Health and Safety Regulations (COVID-19 Incident Notification) Regulations 2020
As at 28 July 2020, employers are required to notify WorkSafe of any confirmed COVID-19 cases within their workplace. They must do so within 48 hours of becoming aware of a confirmed diagnosis. These requirements are set out in the new Temporary Occupational Health...
What was initially unclear, has now been confirmed. The Victorian Government has now clarified that pre-settlement property inspections are permitted if a contract had been signed at the start of the ‘stay at home period’ (being 11:59pm on 5 August 2020). Any such...
Following on from Lisa Fowler's ‘Hope for HomeBuilder’ article published earlier this week, the Commissioner of State Revenue has just announced that in Victoria a blanket extension of 3 months will be applied to the ‘commencement of construction’ HomeBuilder Grant...