Content of the ‘Direct Marketing’ principle
26.66 This part of this chapter considers the content of the ‘Direct Marketing’ principle. First, the distinction between existing customers and prospective customers is considered. Secondly, the ‘opt-out’ model is discussed. The extent to which specific provision should be made for children and young people in the ‘Direct Marketing’ principle is then addressed, and the …
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Read moreLogging use and disclosure
25.169 In DP 72, the ALRC considered whether agencies or organisations should be required to record their use or disclosure of personal information when this occurs for a purpose other than the primary purpose of collection. In ALRC 22, the ALRC did not recommend that record-keepers be obliged to keep a log of all uses …
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Read moreA single ‘Use and Disclosure’ principle
25.11 As noted above, the IPPs contain separate ‘use’ and ‘disclosure’ principles. In contrast, the NPPs, and the Organisation for Economic Co-operation and Development’s Guidelines on the Protection of Privacy and Transborder Flows of Personal Data (1980) (OECD Guidelines), deal with use and disclosure in a single privacy principle.[6] 25.12 In assessing the merits of …
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Read moreCircumstances in which use and disclosure is permitted
25.29 Compared to some other principles in the Privacy Act, the principles relating to use and disclosure in each of the IPPs and NPPs adopt a prescriptive approach. They do not contain an overriding qualifier, such as permitting use or disclosure where it is ‘reasonable’ in the circumstances.[30] 25.30 The use and disclosure of personal …
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Read moreAdditional exceptions?
Missing persons25.127 Concern has been expressed that the IPPs and NPPs do not cover adequately the disclosure of personal information to law enforcement authorities, and the use of the information by them, when undertaking functions that do not or may not involve a criminal offence or breach of the law but are nevertheless in the …
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Read moreContent of a Privacy Policy
24.27 The openness requirements applicable to agencies and organisations differ. NPP 5 imposes a general obligation on an organisation to maintain a document setting out ‘clearly expressed policies on its management of personal information’, whereas IPP 5 takes a more prescriptive approach. As noted above, IPP 5 lists the specific matters that must be included …
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Read moreAvailability of Privacy Policy
24.62 The NPPs and IPPs differ in that IPP 5 requires a record-keeper to take reasonable steps to enable an individual to ascertain specified matters regardless of whether the individual has made a request, whereas the corresponding obligation in NPP 5 only applies to an organisation following a request by an individual. Submissions and consultations24.63 …
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Read moreShort form privacy notices
Background24.75 A short form privacy notice is a summary of an agency’s or organisation’s practices for the management of personal information. By creating a short form privacy notice, an agency or organisation will not necessarily fulfil its obligations under the openness principle. Such a notice can be useful, however, in assisting individuals to understand quickly, …
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Read moreA separate ‘Openness’ principle
24.5 The ALRC has considered whether the requirements relating to openness should continue to be dealt with in a discrete privacy principle. As noted in Chapter 23, in response to the Issues Paper, Review of Privacy (IP 31), some stakeholders expressed the view that the notification and openness requirements should be located within the same …
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Read moreRegulatory mechanism: ‘Privacy Policies’
24.14 The IPPs and NPPs set out different regulatory mechanisms by which openness is to be achieved. Currently, agenciesare requiredto: take such steps as are, in the circumstances, reasonable to enable any person to ascertain specified matters;[11]maintain a record setting out a number of matters relating to the agency’s handling of personal information;[12] andmake the …
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