Rules on personal data
The second stage of the draft Australian Privacy Principle (APP) Guidelines has been released for public consultation.
out for comment
This stage of the guidelines gives guidance about new requirements for Agencies and organisations in areas such as how they use or disclose personal information, undertake direct marketing activities and send data off-shore.
Australian Privacy Commissioner, Timothy Pilgrim said the Direct Marketing Principle, (APP 7), says that organisations may only use or disclose personal information for direct marketing purposes in particular circumstances.
“Generally, this will be where the individual has a reasonable expectation that their information will be used for direct marketing or where the individual has consented to their information being used for this purpose.” Mr Pilgrim said.
“Organisations must also give people a simple means to opt-out of receiving further communications,”
He said another significant area of change was the off-shore disclosure of data covered in APP 8. New accountability requirements will apply to organisations (including Australian Government Agencies) that send personal information to an overseas recipient.
“Australian organisations will generally remain accountable for the handling of the personal information by the overseas recipient,” Mr Pilgrim said.
“I understand that being held accountable for the mishandling of personal information disclosed to an organisation overseas may be a concern. However, I imagine the cost of an overseas data breach (that includes the costs of remediation, loss of reputation and customer trust, and potentially, customers) is equally concerning.”
Mr Pilgrim said the new requirements provide a compelling business case for organisations to protect their business when planning to send personal information overseas.
He said the guidelines would outline how the Office of the Australian Information Commissioner (OAIC) would interpret and apply the APPs which are central to new privacy laws that begin on 12 March 2014.
The consultation on APPs 6 to 11 is open until close of business on 21 October and submission should be sent to email@example.com.
Edition 380, 24 September 2013