The Privacy Act 1988 is an Australian law dealing with

privacy Privacy (, ) is the ability of an individual or group to seclude themselves or information about themselves, and thereby express themselves selectively. The domain of privacy partially overlaps with security, which can include the concepts of ...

. Section 14 of the Act stipulates a number of

rights known as the Australian Privacy Principles (APPs). These principles apply to Australian Government and

Australian Capital Territory The Australian Capital Territory (commonly abbreviated as ACT), known as the Federal Capital Territory (FCT) until 1938, is a landlocked federal territory of Australia containing the national capital Canberra and some surrounding township#Aust ...

agencies or private sector organizations contracted to these governments, organizations and small businesses who provide a health service, as well as to private organisations with an annual turnover exceeding AUD$3M (with some specific exceptions). The principles govern when and how personal information can be collected by these entities. Information can only be collected if it is relevant to the agencies' functions. Upon this collection, that law mandates that Australians have the right to know why 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 (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.

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.

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'' ( Victoria), ''Information Act 2002'' (

Northern Territory The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an Australian territory in the central and central northern regions of Australia. The Northern Territory shares its borders with Western Aust ...

), ''Personal Information Protection Act 2004'' (

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), and the ''Health Records and Information Privacy Act 2002'' (

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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. The Privacy Act creates an Office of the Privacy Commissioner and a Privacy Commissioner 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 organization 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 Traditionally an oath (from Anglo-Saxon ', also called plight) is either a statement of fact or a promise taken by a sacrality as a sign of verity. A common legal substitute for those who conscientiously object to making sacred oaths is to g ...

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 is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is " false imprisonment". Imprisonment does not necessar ...

(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.

Review of the Act

The

Australian Law Reform Commission The Australian Law Reform Commission (often abbreviated to ALRC) is an Australian independent statutory body established to conduct reviews into the law of Australia. The reviews, also called inquiries or references, are referred to the ALRC by ...

completed an inquiry into the state of Australia's privacy laws in 2008. The Report entitled ''For Your Information: Australian Privacy Law and Practice'' recommended significant changes be made to the Privacy Act, as well as the introduction of a statutory cause of action for breach of privacy. 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.

References

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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. 1988 in Australian law Acts of the Parliament of Australia Privacy legislation