New privacy laws are here
Important changes to the Privacy Act 1988 commenced on 12 March 2014. The changes include a new set of Australian Privacy Principles (APPs) that will regulate the handling of personal information by Australian Government agencies, businesses with a turnover of more than $3 million or those trading in personal information and all private health service providers. There are also changes to the credit reporting provisions of the Privacy Act and new regulatory powers for the Office of the Australian Information Commissioner (OAIC).
ACT Information Privacy Bill 2014
The Information Privacy Bill 2014 has been presented to the ACT Legislative Assembly. The ACT Government has advised that the intention of the Bill is to ‘establish a clear and consolidated privacy framework for the ACT including introducing the Territory Privacy Principles which are consistent with the newly introduced Australian Privacy Principles, adapted to ACT circumstances’.
The Bill is available on the ACT legislation register
Reminder — Consultations closing soon
The following consultations are closing shortly.
Guide to undertaking privacy impact assessments — closing date: Friday 28 March 2014
OAIC’s privacy regulatory action policy — closing date: Friday 28 March 2014
Updated — Privacy Public Interest (Enhancing Privacy Protection) Amendment and Repeal Determination 2014
The Privacy Public Interest (Enhancing Privacy Protection) Amendment and Repeal Determination 2014 makes minor amendments to some existing Public Interest Determinations to reflect the change from the Information Privacy Principles and National Privacy Principles to the Australian Privacy Principles. No substantive changes have been made. Several other determinations are repealed because they are no longer required.
Updated — Section 95, 95A, 95AA Guidelines
Minor amendments have been made to the Section 95, 95A and 95AA Guidelines to reflect the change from the Information Privacy Principles and National Privacy Principles to the Australian Privacy Principles.
No substantive changes have been made.
Information Commissioner review decisions
Leda Manorstead Pty Ltd and Department of the Environment  AICmr 26 (4 March 2014)
Whether documents contain personal information — Whether disclosure of personal information would be unreasonable — Whether disclosure would unreasonably affect person in respect of lawful business or professional affairs — Whether contrary to public interest to release conditionally exempt documents — (CTH) Freedom of Information Act 1982 (FOI Act)ss 11A(5), 11B, 47F, 47G
Rimes and Airservices Australia  AICmr 25 (4 March 2014)
Whether reasonable steps taken to find a document — (CTH) FOI Act s 24A(1)
Reminder — Privacy Awareness Week 2014
Privacy Awareness Week (PAW) will be held from 4–10 May 2014. Thank you to all our partners who have signed up so far. If you haven’t yet signed up get in touch with us to register.
The OAIC will again hold a business breakfast event to launch the week.
Date: Monday 5 May 2014
Time: 7:30 am–9:15am
Venue: The Westin Hotel, Martin Place, Sydney.
This is a fantastic networking opportunity so save the date and we will let you know as soon as tickets go on sale.
Further event information will be available soon.
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