Privacy Act 1988
Encyclopedia
The Privacy Act 1988 is an Australian law dealing with the privacy
Section 14 of the Act stipulates a number of privacy rights known as the Information Privacy Principles. These principles apply to Australian Government and Australian Capital Territory agencies or private sector organisations contracted to these governments. The principles govern when and how personal information can be collected by these government agencies. The information must only be collected if relevant to the agencies' functions. Australians have a right to know why such information about them is being acquired, and who will see the information. Those in charge of storing the information have obligations to ensure such information is neither lost nor exploited. An Australian will also have the right to access the information unless this is specifically prohibited by law.
The Privacy Act 1988 is an Australian law dealing with the privacy
Section 14 of the Act stipulates a number of privacy rights known as the Information Privacy Principles. These principles apply to Australian Government and Australian Capital Territory agencies or private sector organisations contracted to these governments. The principles govern when and how personal information can be collected by these government agencies. The information must only be collected if relevant to the agencies' functions. Australians have a right to know why such information about them is being acquired, and who will see the information. Those in charge of storing the information have obligations to ensure such information is neither lost nor exploited. An Australian will also have the right to access the information unless this is specifically prohibited by law.
The Privacy Act 1988 is an Australian law dealing with the privacy
Section 14 of the Act stipulates a number of privacy rights known as the Information Privacy Principles. These principles apply to Australian Government and Australian Capital Territory agencies or private sector organisations contracted to these governments. The principles govern when and how personal information can be collected by these government agencies. The information must only be collected if relevant to the agencies' functions. Australians have a right to know why such information about them is being acquired, and who will see the information. Those in charge of storing the information have obligations to ensure such information is neither lost nor exploited. An Australian will also have the right to access the information unless this is specifically prohibited by law.
The Privacy Act creates an Office of the Privacy Commissioner
and a Privacy Commissioner Office of the Privacy Commissioner website in Australia. Section 36 of the Act states that Australians may appeal to this Commissioner if they feel their privacy rights have been compromised, unless the privacy was violated by an organisation that has its own dispute resolution mechanisms under an approved Privacy Code. The Commissioner, who may decide to investigate complaints and in some cases must investigate, can under section 44 obtain relevant evidence from other people. There is no appeal to a Court or Tribunal against decisions of the Commissioner except in very limited circumstances. Section 45 of the Privacy Act allows the Commissioner to interview the people themselves, and the people might have to swear an oath
to tell the truth. Anyone who fails to answer the Commissioner may be subject to a fine of up to $2,000 and/or year-long imprisonment
(under section 65). Under section 64 of the Privacy Act, the Commissioner is also given immunity against any lawsuits that he or she might be subjected to for the carrying out of their duties.
If the Commissioner will not hear a complaint, an Australian may receive legal assistance under section 63. If a complaint is taken to the Federal Court of Australia
, in certain circumstances others may receive legal assistance.
Even though the Privacy Act has been in force for nearly 20 years, there is as yet little case law interpreting it. The only significant Federal Court decision is Seven Network (Operations) Limited v Media Entertainment and Arts Alliance [2004] FCA 637 involving a dispute between a trade union and a media company which confirmed that s98 of the Privacy Act did allow 'any person' to seek an injunction to prevent breaches of the Act. The only recent High Court decision to consider privacy issues, ABC v Lenah 208 CLR 199, did not interpret the Privacy Act.
Section 14 of the Act stipulates a number of privacy rights known as the Information Privacy Principles. These principles apply to Australian Government and Australian Capital Territory agencies or private sector organisations contracted to these governments. The principles govern when and how personal information can be collected by these government agencies. The information must only be collected if relevant to the agencies' functions. Australians have a right to know why such information about them is being acquired, and who will see the information. Those in charge of storing the information have obligations to ensure such information is neither lost nor exploited. An Australian will also have the right to access the information unless this is specifically prohibited by law.
2000 amendments
The Privacy Act was amended in 2000 to cover the private sector. Schedule 3 of the Privacy Act sets out a significantly different set of privacy principles (the National Privacy Principles) which apply to private sector organisations (including not for profit organisations) with a turnover exceeding $A3 million, other than health service providers or traders in personal information. These principles extend to the transfer of personal information out of Australia.State legislation
Privacy principles substantially the same as the NPPs are also included in the legislation applying to the public sectors of some Australian States and Territories, namely the Information Privacy Act 2000 (Victoria), Information Act 2002 (Northern Territory), and Personal Information Protection Act 2004 (Tasmania).Administration
Australia's privacy principles, both IPPs and NPPs, depend upon the meaning of "personal information" (as defined in Privacy Act 1988 s6). This term has not yet been interpreted in a restrictive way as has been "personal data" in the UK Durant case.The Privacy Act 1988 is an Australian law dealing with the privacy
Section 14 of the Act stipulates a number of privacy rights known as the Information Privacy Principles. These principles apply to Australian Government and Australian Capital Territory agencies or private sector organisations contracted to these governments. The principles govern when and how personal information can be collected by these government agencies. The information must only be collected if relevant to the agencies' functions. Australians have a right to know why such information about them is being acquired, and who will see the information. Those in charge of storing the information have obligations to ensure such information is neither lost nor exploited. An Australian will also have the right to access the information unless this is specifically prohibited by law.
2000 amendments
The Privacy Act was amended in 2000 to cover the private sector. Schedule 3 of the Privacy Act sets out a significantly different set of privacy principles (the National Privacy Principles) which apply to private sector organisations (including not for profit organisations) with a turnover exceeding $A3 million, other than health service providers or traders in personal information. These principles extend to the transfer of personal information out of Australia.State legislation
Privacy principles substantially the same as the NPPs are also included in the legislation applying to the public sectors of some Australian States and Territories, namely the Information Privacy Act 2000 (Victoria), Information Act 2002 (Northern Territory), and Personal Information Protection Act 2004 (Tasmania).Administration
Australia's privacy principles, both IPPs and NPPs, depend upon the meaning of "personal information" (as defined in Privacy Act 1988 s6). This term has not yet been interpreted in a restrictive way as has been "personal data" in the UK Durant case.The Privacy Act 1988 is an Australian law dealing with the privacy
Section 14 of the Act stipulates a number of privacy rights known as the Information Privacy Principles. These principles apply to Australian Government and Australian Capital Territory agencies or private sector organisations contracted to these governments. The principles govern when and how personal information can be collected by these government agencies. The information must only be collected if relevant to the agencies' functions. Australians have a right to know why such information about them is being acquired, and who will see the information. Those in charge of storing the information have obligations to ensure such information is neither lost nor exploited. An Australian will also have the right to access the information unless this is specifically prohibited by law.
2000 amendments
The Privacy Act was amended in 2000 to cover the private sector. Schedule 3 of the Privacy Act sets out a significantly different set of privacy principles (the National Privacy Principles) which apply to private sector organisations (including not for profit organisations) with a turnover exceeding $A3 million, other than health service providers or traders in personal information. These principles extend to the transfer of personal information out of Australia.State legislation
Privacy principles substantially the same as the NPPs are also included in the legislation applying to the public sectors of some Australian States and Territories, namely the Information Privacy Act 2000 (Victoria), Information Act 2002 (Northern Territory), and Personal Information Protection Act 2004 (Tasmania).Administration
Australia's privacy principles, both IPPs and NPPs, depend upon the meaning of "personal information" (as defined in Privacy Act 1988 s6). This term has not yet been interpreted in a restrictive way as has been "personal data" in the UK Durant case.Durant v FSA [2003] EWCA Civ 1746.The Privacy Act creates an Office of the Privacy Commissioner
Office of the Privacy Commissioner
The Office of the Privacy Commissioner was an Australian Government agency, until 31 October 2010 when it ceased to exist, its functions and staff being absorbed by the Office of the Australian Information Commissioner which came into existence and commenced operations on 1 November 2010....
and a Privacy Commissioner Office of the Privacy Commissioner website in Australia. Section 36 of the Act states that Australians may appeal to this Commissioner if they feel their privacy rights have been compromised, unless the privacy was violated by an organisation that has its own dispute resolution mechanisms under an approved Privacy Code. The Commissioner, who may decide to investigate complaints and in some cases must investigate, can under section 44 obtain relevant evidence from other people. There is no appeal to a Court or Tribunal against decisions of the Commissioner except in very limited circumstances. Section 45 of the Privacy Act allows the Commissioner to interview the people themselves, and the people might have to swear an oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
to tell the truth. Anyone who fails to answer the Commissioner may be subject to a fine of up to $2,000 and/or year-long imprisonment
Imprisonment
Imprisonment is a legal term.The book Termes de la Ley contains the following definition:This passage was approved by Atkin and Duke LJJ in Meering v Grahame White Aviation Co....
(under section 65). Under section 64 of the Privacy Act, the Commissioner is also given immunity against any lawsuits that he or she might be subjected to for the carrying out of their duties.
If the Commissioner will not hear a complaint, an Australian may receive legal assistance under section 63. If a complaint is taken to the Federal Court of Australia
Federal Court of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges...
, in certain circumstances others may receive legal assistance.
Even though the Privacy Act has been in force for nearly 20 years, there is as yet little case law interpreting it. The only significant Federal Court decision is Seven Network (Operations) Limited v Media Entertainment and Arts Alliance [2004] FCA 637 involving a dispute between a trade union and a media company which confirmed that s98 of the Privacy Act did allow 'any person' to seek an injunction to prevent breaches of the Act. The only recent High Court decision to consider privacy issues, ABC v Lenah 208 CLR 199, did not interpret the Privacy Act.
Review of the Act
The Australian Law Reform Commission completed an inquiry into the state of Australia's privacy laws in 2008. The Report entitled For Your Information: Australian Privacy Law and Practice ALRC Report For Your Information: Australian Privacy Law and PracticeALRC Australia must rewrite Privacy Laws for the Infomation Age, 1 August 2008 recommended significant changes be made to the Privacy Act, as well as the introduction of a statutory cause of action for breach of privacy. ALRC List of Recommendations The Australian Government committed in October 2009 to implementing a large number of the recommendations that the Australian Law Reform Commission had made in its report http://www.alrc.gov.au/media/2009/mr1410.html.External links
- Full text of the Privacy Act 1988, Australasian Legal Information Institute, URL accessed 6 May 2006.
- NPP, Office of the Australian Information Commissioner, URL accessed 12 June 2011.
- IPP, Office of the Australian Information Commissioner, URL accessed 12 June 2011.