In Focus – Privacy Laws

March, 2014

The privacy laws in Australia experienced dramatic changes last week and will have a significant impact on the way your organisation collects and deals with various forms of personal information in Australia.  To comply with the new laws, your privacy policies will need to be updated and practices, procedures and systems will need to be revised and implemented. Accordingly, if preparations are not already well underway, they should commence or be escalated now in order to achieve full compliance as soon as practicable.  Failure to comply with the new privacy laws will result in organisations facing fines of up to $1.7 million for significant or persistent breaches and the right to audit any business, regardless of a breach.

Who is affected?

These laws do not apply to small business operators.  A small business operator is defined as an individual, sole trader, body corporate, partnership, unincorporated association or trust that has an annual turnover of AUD$3,000,000 or less for a financial year UNLESS:

 

What is changing?

The Privacy Amendment Act includes a set of new privacy principles that will regulate the handling of personal information called the Australian Privacy Principles (APPs). The APPs require businesses to meet substantially higher privacy requirements.

The changes that will need to be made to your current business practices include, amongst other things:

 

What do you need to do?

In order to implement the new APPs, businesses will need to:

Contact Mills Oakley

If you have any queries regarding this update please contact:

warren-scott

Warren Scott | Partner
T: +61 3 9605 0984
E: wscott@millsoakley.com.au

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