Scope and structure of Unified Privacy Principles
Scope of Unified Privacy Principles18.100 In considering the content of the privacy principles, the first question is: what should be the scope of the UPPs? In other words, should the scope of the UPPs match that of the IPPs, NPPs or both; or should the scope be narrower or broader?18.101 Taken together, the IPPs and …
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Read moreState and territory regulators
17.37 In Australia there are multiple privacy regulators in particular industry sectors as well as across jurisdictions. As noted in Chapter 14, a number of issues may arise because more than one body is responsible for the regulation of personal information. 17.38 The Privacy Act and other federal legislation provide the Privacy Commissioner with a …
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Read moreResidential tenancy databases
17.63 RTDs raise a range of issues. They are dealt with here because they are currently regulated by inconsistent and fragmented federal, state and territory legislation.17.64 RTDs are electronic databases operated by private companies containing information about a tenant’s rental history. The purpose of such databases is to enable real estate agents to assess ‘business …
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Read moreCommonwealth Electoral Act 1918 (Cth)
16.136 The Commonwealth Electoral Act 1918 (Cth) and the Privacy Act provide the legislative privacy framework governing the Commonwealth electoral roll. Part VI of the Commonwealth Electoral Act provides for the establishment of an electoral roll. Under s 101 of the Act, it is compulsory for all eligible persons in Australia to maintain continuous enrolment …
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Read moreAnti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth)
Overview of the requirements of the AML/CTF ActBackground 16.155 The AML/CTF Act received Royal Assent on 12 December 2006. The Act requires a ‘reporting entity’ to carry out a procedure to verify a customer’s identity before providing a ‘designated service’ to the customer.[220] In addition, reporting entities must give the Australian Transaction Reports and Analysis …
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Read moreSecrecy provisions
15.109 Federal legislation contains a large number of secrecy provisions that impose duties on public servants not to disclose information that comes to them by virtue of their office. Secrecy provisions usually are based on the need to preserve the secrecy of government operations in order for government to function effectively.15.110 The secrecy interests of …
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Read moreObligations of confidence
Common law and equitable duties of confidence15.125 Legally enforceable obligations to maintain confidence may arise in contract and equity. These obligations are capable of applying to individuals, organisations, agencies and officers of agencies.[148] Relief is available against third party recipients of confidential information, and those who knowingly assist a confidant to breach his or her …
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Read moreFreedom of Information Act 1982 (Cth)
15.2 The interrelationship between the FOI Act and the Privacy Act is significant. Both Acts regulate the way in which information is handled in government, but have different objectives. Freedom of information legislation is concerned mainly with transparency in government and protects privacy only to the extent that it prevents the unreasonable disclosure of personal …
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Read moreAccess, correction and annotation
15.23 Both the FOI Act and the Privacy Act enable individuals to obtain access to, correct and annotate their own personal information held by agencies. The ALRC notes that different terminology is used in the Privacy Act and the FOI Act with respect to the correction of personal information.[37] In the interest of consistency with …
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Read moreArchives Act 1983 (Cth)
15.85 The Archives Act establishes the National Archives of Australia (National Archives) and provides for the preservation of the archival resources of the Commonwealth. It also creates an access regime whereby the public generally has a right of access to Commonwealth records that are more than 30 years old (the open access period).[97] The Archives …
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