Privacy Act 1988
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Privacy Act 1988 | |
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Long title
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Citation | Privacy Act 1988 |
Enacted by | House of Representatives |
Enacted | 1988 |
Administered by | Office of the Australian Information Commissioner |
Status: Amended |
The Privacy Act 1988 is an
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 (NPPs). These apply to private sector organizations (including not for profit organizations) with a turnover exceeding three million dollars, other than health service providers or traders in personal information. These principles extend to the transfer of personal information out of Australia.[2]
2014 amendments
The Australian Privacy Principles (APPs) replaced the National Privacy Principles and Information Privacy Principles on 12 March 2014 via the Privacy Amendment (Enhancing Privacy Protection) Act 2012, which amended the Privacy Act 1988.[3]
State legislation
Privacy principles that are 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 (
Administration
Australia's privacy principles, the APPs, 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.[4]
The Privacy Act creates an
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.
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[6][7] recommended significant changes be made to the Privacy Act, as well as the introduction of a statutory cause of action for breach of privacy.[8] 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.[9]
See also
- Telecommunications (Interception and Access) Act 1979
- Telecommunications Act 1997
- Surveillance Devices Act 2004
References
- ^ a b "Home".
- ^ "History of the Privacy Act". OAIC. Retrieved 8 November 2020.
- ^ "Read the Australian Privacy Principles". OAIC. Retrieved 28 May 2022.
- ^ John Durant v Financial Services Authority [2003] EWCA Civ 1746, Case no: B2/2002/2636 http://www.bailii.org/ew/cases/EWCA/Civ/2003/1746.html
- ^ Office of the Privacy Commissioner website
- ^ ALRC Report For Your Information: Australian Privacy Law and Practice Archived 2012-08-05 at archive.today
- ^ ALRC Australia must rewrite privacy laws for the Information Age, 1 August 2008
- ^ ALRC List of Recommendations
- ^ "Government gives giant 'tick' to ALRC privacy recommendations". Australian Law Reform Commission. 14 October 2009. Archived from the original on 26 January 2010.
External links
- Privacy Act 1988 in the Federal Register of Legislation
- Full text of the Privacy Act 1988, Australasian Legal Information Institute, URL accessed 6 May 2006.
- National Privacy Principles, Office of the Australian Information Commissioner, URL accessed 12 June 2011.
- Information Privacy Principles, Office of the Australian Information Commissioner, URL accessed 12 June 2011.