The word 'privacy' means different things to different people. Your idea of privacy is likely to be different from the ideas of your family and friends.
The type of privacy covered by the Privacy Act and our Office is the protection of people's personal information However, this is just one aspect of privacy. Other types of privacy can include territorial privacy and physical or bodily privacy and privacy of your communications.
Issues with privacy involve in marketing relate a person's personal information. This can include privacy issues associated with information about your identity, location, your health and body and your communications with others.
Personal information is information that identifies you or could identify you. Personal information can also include medical records, bank account details, photos, videos, and even information about what you like, your opinions and where you work - basically, any information where you are reasonably identifiable.
Information does not have to include your name to be personal information. For example, in some cases, your date of birth and post code may be enough to identify you.
"... information or an opinion (including information or an opinion forming part of a database), whether true or not, and whether recorded in a material form or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion."
The protection of your personal information privacy is different to other related concepts such as: confidentiality secrecy freedom of information. However, there can be some cross-over.
The Privacy Act regulates how your personal information is handled. For example, it covers: how your personal information is collected (e.g. the personal information you provide when you fill in a form) how it is then used and disclosed its accuracy how securely it is kept your general right to access that information.
The principles contained in the Privacy Act are not prescriptive. They don't tell agencies and organisations what they must do in each situation. They offer principles about the way in which personal information should be handled, and each agency or organisation needs to apply those principles to its own situation. If an agency or organisation breaches the privacy principles they can be investigated for a breach of the Act
Individuals have rights under the Privacy Act, which give them greater control over the way their personal information is handled.
As an individual, the Act allows you to: know why your personal information is being collected and how it will be used ask for access to your records (including your health information) stop receiving unwanted direct marketing material correct inaccurate information about you ensure your information is only used for purposes you have been told about.
Australian and ACT government agencies and certain private sector organisations have responsibilities under the Privacy Act.
Information Privacy Principles General summary description 1Manner and purpose of collection The information must be necessary for the agency's work, and collected fairly and lawfully 2Collecting information directly from individuals An agency must take steps to tell individuals why they are collecting personal information, what laws give them authority to collect it, and to whom they usually disclose it. This is often done by what is called an IPP 2 notice. 3Collecting information generally An agency must take steps to ensure the personal information it collects is relevant, up-to-date and complete and not collected in an unreasonably intrusive way.
Information Privacy Principles General summary description 4Storage and security Personal information must be stored securely to prevent its loss or misuse. 5 - 7Access and amendment These principles require agencies to take steps to record the type of personal information that they hold and to give individuals access to personal information about them. Personal information can be amended or corrected if it is wrong.
Information Privacy Principles General summary description 8 - 10Information use These principles outline the rules about keeping accurate, complete and up-to-date personal information; using information for a relevant purpose; and only using the information for another purpose in special circumstances, such as with the individual's consent or for some health and safety or law enforcement reasons. 11Disclosure This principle sets out when an agency may disclose personal information to someone else, for example another agency. This can only be done in special circumstances, such as with the individual's consent or for some health and safety or law enforcement reasons.
StateAct / code / principles AustraliaPrivacy Act 1988 (Cth) Australian Capital Territory Federal Privacy Act New South WalesPrivacy and Personal Information Protection Act 1998 Northern TerritoryNorthern Territory Information Act 2002 QueenslandInformation Privacy Act 2009 TasmaniaPersonal Information and Protection Act 2007 VictoriaInformation Privacy Act 2000 Western AustraliaInformation Privacy Bill 2007
From 1 July 2009, the Right to Information Act 2009 replaced the Freedom of Information Act 1992 This is part of a broader “push” model of greater proactive and routine release of information.
The FOI Act applies to Queensland Ministers, Queensland Government departments, local councils and most semi-government agencies and statutory authorities. It does not apply to documents held by the Commonwealth Government or by other State Governments.
gives you a right to apply for access to documents held by government agencies gives you a right to apply for amendment of personal information about you held by government agencies requires government agencies to publish information about their structure, what they do and what documents they hold.
The Right to information Act 2009 applies to government agencies and departments. The Act is developed with best practice principles There is a crossover between Privacy Principles and the right to access information that is held by others
Direct discrimination is where someone is treated differently or unfairly because of their sex, race, age and so on. Indirect discrimination is where everyone is treated the same, but the effect of treating everyone the same unreasonably disadvantages people from one racial, age and so on group rather than another
The law gives people the right to be treated fairly. It can be illegal to treat people unfairly because of their: sex, relationship or parental status race age impairment religious or political beliefs union activities gender identity sexuality lawful sex work pregnancy breastfeeding family responsibilities
when they are: at work in a shop, hotel or restaurant in accommodation using government services at school TAFE or university at the doctor or dentist
It can be illegal if someone behaves in a sexual way (in relation to you) that is unwelcome and offends you. This is sexual harassment and can happen anywhere any time. It can be illegal to act in a public way that shows hatred for someone because of their race, religion, sexuality or gender identity. This is vilification. It can be illegal to treat someone unfairly because they are involved in a complaint. This is victimisation.
Under the Equal Opportunity Act (1984) it is unlawful to publish or display an advertisement that shows an intention to discriminate
An Advertisement, as defined under the Act, includes every form of advertisement or notice, whether to the public or not. This includes television, newspaper and radio advertisements, as well as circulars, catalogues, price lists and other promotional activities. Online and electronic advertising also are covered.
MESSAGES, IMAGES AND REPRESENTATIVES BEHAVIOUR ADVERTISEMENTS FOR EMPLOYMENT, EDUCATION OR PRODUCT AND SERCVICES CLUB ADVERTISEMENTS OR MEMBERSHIPS COMPETITIONS RESEARCH (INCLUSION OR EXCLUSION) ACCESSABILITY TO INFORMATION – PRODUCTS AND SERVICES
Yes and no Principles of equity don't mean that everyone is treated in the same way but rather in a fair and flexible way Principles of diversity mean that we should value the many different social, economic, cultural and religious backgrounds of our workers, clients and customers