Act applies to businesses including non profit

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Act applies to businesses (including non-profit organisations) with annual turnover exceeding $3m and related businesses, contracted Commonwealth service providers, all health service providers, businesses that disclose personal information for benefit/service/advantage or provide another person with benefit/service/advantage to collect personal info Personal information is information or an opinion (may form part of database, may/may not be true, may/may not be recorded in material form) about an individual (natural living person) whose identity is apparent or reasonably ascertainable from the information or opinion Act does not apply to collection/use of information about companies Specific exemptions re employment records, journalism Commonwealth Privacy Commissioner Cth Privacy Commissioner can investigate an act/practice that may be a possible breach of privacy Cth Privacy Commissioner also handles complaints Usually first refers complaint back to the business
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Conciliates complaint through letters, phone calls, meetings May make a formal determination as last resort Commissioner, complainant or privacy code adjudicator (if industry code applies)can seek to have formal determination enforced in Federal Court in the case of non- compliance Recent changes – now eight Australian Privacy Principles (APPs) Spam Act 2003 (Cth) Administered/enforced by Australian Communications and Media Authority (ACMA) Applies to email, SMS text messaging, MMS graphic messaging (not fax or voice to voice telemarketing) messages advertising/offering supply of goods, services, land, investment opportunities Prohibits sending of unsolicited commercial electronic messages with an Australian link Prohibits supply/use of address-harvesting software Prohibits supply/acquisition/use of electronic address lists produced by address- harvesting software All commercial electronic messages must identify the business that authorised sending and include a functional unsubscribe facility Not spam if recipient has given express/inferred consent Consent inferred where recipient had reasonable expectation of receiving the message from sender because of existing business or other relationship Consent inferred where recipient has conspicuously published their work-related electronic address and message is relevant to their work Exemptions re messages from government, charitable/religious bodies etc ACMA v Clarity 1 Pty Ltd [2006] FCA 1399 Court took ‘opt-in’ approach ie silence or non-response of recipients is not basis for inferred consent Court found breach of Spam Act re sending of unsolicited commercial messages and using harvested address lists Spam Act is complemented by Australian E-Marketing Code of Practice that applies to organisations that use email or mobile phones as key form of marketing Copyright Act 1968 (Cth) Private electronic copies made for purposes of time-shifting, space-shifting and
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  • One '14
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Christopher Reinemann
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