OAICnet — 21 February 2014

APP guidelines released

The Office of the Australian Information Commissioner (OAIC) has released the finalised Australian Privacy Principles (APP) guidelines following public consultation. The APP guidelines are an essential tool for all entities that are covered by the Privacy Act and will be subject to the new APPs from 12 March 2014.

The APP guidelines outline the mandatory requirements of the APPs, how the OAIC will interpret the APPs, and matters we may take into account when exercising functions and powers under the Privacy Act. The APP guidelines give many examples of how the APPs may apply in particular circumstances and contain suggestions for good privacy practice.

Read the guidelines

Read the news story

Watch the video


Privacy policy tool coming soon

The OAIC is developing a practical tool that organisations and agencies can use to assess their privacy policies.

Australian Privacy Principle 1 requires organisations and agencies to have a clearly expressed and up-to-date privacy policy outlining the way they handle personal information. The tool will provide guidance on how to ensure your privacy policy is clear, accessible and complies with the APPs. This tool will be available in March 2014.


Information Commissioner review decisions

‘BE’ and Ors and Australian Taxation Office [2014] AICmr 16 (12 February 2014)
Personal information — Whether unreasonable to disclose personal information of successful applicants in recruitment process — (CTH) Freedom of Information Act 1982 (FOI Act) s 47F

Knapp and Australian Accounting Standards Board [2014] AICmr 15 (12 February 2014)
Whether documents available for purchase by the public in accordance with arrangements made by an agency — (CTH) FOI Act s 12(1)(c)

Fist and Australian Broadcasting Corporation [2014] AICmr 14 (10 February 2014)
Refusal of access to documents — Whether documents are in relation to the ABC’s program material — Whether reasonable steps taken to find documents — Effect of agency seeking clarification of request outside request consultation process — (CTH) FOI Act ss 7(2), 24A(1), 24AB

‘BD’ and Australian Federal Police [2014] AICmr 13 (11 February 2014)
Whether giving access would disclose information that would reasonably be regarded as irrelevant to the request — prejudice to lawful methods or procedures — Whether documents subject to legal professional privilege — Whether documents contain deliberative matter — Whether documents contain personal information — Whether disclosure would be contrary to the public interest — (CTH) FOI Act ss 22, 37, 42, 47C, 47F

‘BC’ and Australian Taxation Office [2014] AICmr 12 (7 February 2014)
Irrelevant material — Whether reasonable steps taken to find documents — Personal information — Whether unreasonable to disclose personal information of applicants in recruitment process — Certain operations of agencies — Whether disclosure would have a substantial adverse effect on the assessment of personnel — (CTH) FOI Act ss 11B, 22, 24A, 47E, 47F

‘BB’ and Department of Human Services [2014] AICmr 11 (6 February 2014)
Disclosure of surnames of departmental officers — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether documents conditionally exempt from release — (CTH) FOI Act ss 47E(d), 11A(5)

Welch and Department of Foreign Affairs and Trade (No. 2) [2014] AICmr 10 (31 January 2014)
Whether giving access would disclose information that would reasonably be regarded as irrelevant to the request — Documents affecting national security, defence or international relations — Whether documents contain personal information — Whether disclosure would be contrary to the public interest (CTH) FOI Act
ss 22, 33(a)(iii), 33(b), 47F

‘BA’ and Merit Protection Commissioner [2014] AICmr 9 (30 January 2014)
Personal Information — Whether unreasonable to disclose personal information of successful applicant in recruitment process — (CTH) FOI Act ss 4, 47F

‘AZ’ and Australian Broadcasting Corporation [2014] AICmr 8 (30 January 2014)
Documents disclosing commercially valuable information — Documents disclosing internal and external production costs — (CTH) FOI Act s 47

‘AY’ and Australian Broadcasting Corporation [2014] AICmr 7 (28 January 2014)
Charges — Whether agency should exercise discretion to reduce or not impose charge — (CTH) FOI Act
ss 29(5)(a), 29(5)(b)

‘AX’ and Civil Aviation Safety Authority [2014] AICmr 6 (22 January 2014)
Whether documents contain personal information — Whether disclosure of personal information would be unreasonable — Whether disclosure would be contrary to the public interest — (CTH) FOI Act s 47F

Please refer to our website for a full list of Information Commissioner reviews


Privacy Awareness Week 2014

Privacy Awareness Week will be held from 4–11 May 2014, but it’s not too soon to get involved. The OAIC is calling for PAW partners. In the year of law reform, this is a perfect way to demonstrate your commitment to best privacy practice. Being a partner is a non-financial arrangement, we just ask that you promote and encourage privacy awareness during the Week.

Please get in touch with the OAIC to find out more.


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