Media privacy standards
42.55 For a media organisation to fall within the journalism exemption, it must be publicly committed to observe standards that:(i) deal with privacy in the context of the activities of a media organisation (whether or not the standards also deal with other matters); and(ii) have been published in writing by the organisation or a person …
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Read moreExemption for registered political parties, political acts and practices
41.7 A ‘registered political party’—defined as a political party registered under Part XI of the Commonwealth Electoral Act[8]—is specifically excluded from the definition of ‘organisation’ and, therefore, is exempt from the operation of the Privacy Act.[9] In addition, political acts and practices of certain organisations are exempt.[10] These organisations include: political representatives—namely, MPs and local …
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Read moreMinisters
41.70 The Privacy Act applies to Australian Government ministers only to the extent that their acts and practices relate to the affairs of agencies, ‘eligible case managers’[92] or ‘eligible hearing service providers’;[93] or where the acts and practices are in relation to a record concerning these affairs that is in the ministers’ possession in their …
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Read moreParliamentary departments
41.77 Parliamentary departments include the Department of the Senate, the Department of the House of Representatives and the Department of Parliamentary Services (DPS).[103] The Department of the Senate and the Department of the House of Representatives provide advice and support to the Senate and the House of Representatives respectively, and to committees, senators and members.[104] …
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Read moreGuidance on applying the Privacy Act to the political process
41.87 In DP 72, the ALRC proposed that, before the removal of the political exemption comes into effect, the OPC should provide guidance to registered political parties and others to assist them in understanding and fulfilling their obligations under the Privacy Act.[118]41.88 Stakeholders supported the provision of guidance from the OPC.[119] The OPC agreed that, …
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Read moreEvaluative material
40.123 The 2000 House of Representatives Committee inquiry acknowledged that there is a difference between an employee’s health, family and financial information— which should not be provided to anyone else without the consent of the employee—and information concerning disciplinary matters or career progression of the employee.[196] The inquiry went on to recommend a significant narrowing …
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Read moreDiscussion Paper proposal
40.31 In the Discussion Paper, Review of Australian Privacy Law (DP 72), the ALRC considered whether the employee records exemption should be removed. The ALRC noted that employee records may contain a significant amount of personal information about employees, including sensitive information. There is a real potential for individuals to be harmed if employees’ personal …
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Read moreArguments for removing the exemption
Lack of privacy protection for employee records40.34 Stakeholders noted that employers may hold sensitive personal information about their employees, such as health or financial information;[51] criminal convictions; and the results of pre-employment psychological testing.[52] Employees may be under economic pressure to provide personal information to their employers. This means that they have no effective choice …
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Read moreArguments for removing the exemption
39.37 The main arguments for removing the exemption include that: 39.38there are no appropriate criteria that could exempt only those small businesses that pose a low risk to privacy, because any definition of ‘small business’ would be arbitrary;39.39removing the exemption would reduce inconsistency and fragmentation in privacy regulation;39.40removing the exemption would facilitate trade with the …
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Read moreArguments for retaining the exemption
39.100 A number of stakeholders opposed the ALRC’s proposal to remove the small business exemption.[136] The main arguments for retaining the small business exemption are based on a view that it is necessary to achieve an appropriate balance between privacy protection and the ability of the small business sector to operate efficiently.[137] In particular, it …
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