Australian Privacy Law

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The privacy of Australian citizens is protected by the Privacy Act (1988) and the Privacy Amendment Bill of 2012. This amendment took effect in March of 2014. The amendment to the Privacy Act includes a set of principles known as the Australian Privacy Principles (APP). These 13 principals apply to government agencies and organizations including the private sector (these are referred to as entities) and offer significant protection to Australians when online. However due to constantly evolving technology, lack of specific laws regarding online behavioural advertising and exemptions to the Privacy Act, the laws regarding online privacy may not be as comprehensive as they may seem.

APP 1 states that entities must have in place an effective procedure in place to deal with inquires and complaints. They must have a privacy policy in place that is clear and easily accessible free of charge. The privacy policy must include details of: the specific kinds of information, the purpose for which the entity collects information and how an individual can access …show more content…

Entities must have a simple means by which an individual can readily request not to receive direct marketing from the entity and ensure that personal information about the individual is not provided to third parties for direct marketing.

APP 8 states if an Australian entity intends to disclose personal information to an overseas entity the Australian entity must ‘take such steps as are reasonable in the circumstances to ensure’ that the overseas entity complies with the APPs. If the overseas entity does not comply with the Australian Privacy Principals, then the Australian entity is accountable and liable as if it had not complied itself.

APP 11 concerns the security of personal information. This principle states that an entity must take ‘reasonable’ steps to protect personal information it holds from ‘misuse, interference, loss, unauthorised access, modification or

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