OAICnet — 28 February 2014

OAIC enforcement approach to new privacy laws from 12 March 2014

The Australian Information Commissioner and Privacy Commissioner have issued a statement about the Office of the Australian Information Commissioner’s (OAIC) enforcement approach to new privacy laws from 12 March 2014.

Read the statement


De-identification resources

Do you hold personal information in your business or agency that needs to be de-identified? The OAIC has published guidance on when de-identification may be appropriate, how to choose appropriate de-identification techniques and how to assess the risk of re-identification.
Read the business resource
Read the agency resource


Consultation — Draft Privacy (Credit Related Research) Rule 2014

The OAIC has prepared a draft Privacy (Credit Related Research) Rule 2014 (the draft Rule) for public consultation.

Section 20M of the Privacy Act, which commences on 12 March 2014, only permits the use or disclosure of de-identified credit reporting information where the use or disclosure complies with rules that the Commissioner makes under s 20M(3). The intention of the draft Rule is to provide a balance between credit reporting bodies’ use and disclosure of de-identified credit reporting information, and the protection of an individual’s privacy.

A short consultation paper explains the draft Rule. Comments are due by 21 March 2014.
Access the consultation paper


Upcoming consultation — Guide to undertaking privacy impact assessments

A draft Guide to undertaking privacy impact assessments will shortly be released for public consultation.
The Guide will replace the OAIC’s existing Privacy impact assessment guide. The new Guide will reflect the upcoming changes to the Privacy Act 1988, as well as taking into account key features of privacy impact assessment guides from other jurisdictions and research on good practice in undertaking privacy impact assessments.

The draft Guide and other consultation documents will be available at Current privacy consultations on the OAIC website.


Public interest determination — notice of application

The OAIC has received an application from the Australia and New Zealand Banking Group Ltd (ANZ) for a public interest determination in relation to the processing of international money transfers by authorised deposit-taking (ADI) institutions eg banks, credit unions or building societies.

The OAIC is considering the application


Information Commissioner review decisions

Australian Gulf War Veterans Association and Repatriation Medical Authority [2014] AICmr 19 (20 February 2014)
Legal professional privilege — Whether documents subject to legal professional privilege — (CTH) Freedom of Information Act 1982 s 42

Thomas and Prime Minister [2014] AICmr 18 (20 February 2014)
Application of FOI Act to documents where there is a change of Minister — Whether documents are official documents of a Minister — Whether documents are in the possession of a Minister — (CTH) FOI Act ss 4(1), 11A(3), 55K(2)

‘BH’ and Australian Taxation Office [2014] AICmr 17 (18 February 2014)
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 ATO’s operations — Whether disclosure would be contrary to the public interest — (CTH) FOI Act ss 11B, 24A, 47E, 47F

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


Privacy Awareness Week 2014

Privacy Awareness Week (PAW) will be held from 4–11 May 2014. Get involved early and sign up as a PAW partner. This is the perfect way to demonstrate to your staff and stakeholders that your agency is committed to best privacy practice. Being a partner is a non-financial arrangement; we just ask that you actively promote privacy awareness during the Week.

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

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