Provisions of Relevant Legislation

Part 2

Privacy Act and Principles of Privacy QUEENSLAND INTERNATINOAL BUSINESS ACADAMY

What is privacy?

What is privacy?

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.

What is privacy?

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.

Privacy and marketing

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.

What is personal information?

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.

What is personal information?

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.

Definition of Privacy

"... 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."

What privacy is not

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.

What does the Privacy Act cover?

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.

How does the Privacy Act work?

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

Who has rights under the Privacy Act?

Individuals have rights under the Privacy Act, which give them greater control over the way their personal information is handled.

Who has rights under the Privacy Act?

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.

Who has responsibilities under the Privacy Act?

Australian and ACT government agencies and certain private sector organisations have responsibilities under the Privacy Act.

Information Privacy Principles - Summary

Information Privacy Principles

General summary description

1 Manner and purpose of collectionThe information must be necessary for the agency's work, and collected fairly and lawfully

2 Collecting information directly from individualsAn 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.

3 Collecting information generallyAn 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 - Summary

Information Privacy Principles

General summary description

4 Storage and securityPersonal information must be stored securely to prevent its loss or misuse.

5 - 7 Access and amendmentThese 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 - Summary

Information Privacy Principles

General summary description

8 - 10 Information useThese 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.

11 DisclosureThis 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.

Federal and State legislation State Act / code / principles

Australia Privacy Act 1988 (Cth)

Australian Capital Territory

Federal Privacy Act

New South Wales

Privacy and Personal Information Protection Act 1998

Northern Territory

Northern Territory Information Act 2002

Queensland Information Privacy Act 2009

Tasmania Personal Information and Protection Act 2007

Victoria Information Privacy Act 2000

Western Australia

Information Privacy Bill 2007

Right to Information Act 2009

QUEENSLAND INTERNATINOAL BUSINESS ACADAMY

What is the Right to Information Act 2009?

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.

Who does the Act apply to?

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.

What does the act do?

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.

How does this relate to business and marketing?

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

Anti-Discrimination, EO, Equity and Diversity in MarketingQUEENSLAND INTERNATINOAL BUSINESS ACADAMY

Discrimination Can be Direct or Indirect

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

Discrimination

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

Discrimination

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

Discrimination

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.

Anti-Discrimination, EO, Equity and Diversity in Marketing

Under the Equal Opportunity Act (1984) it is unlawful to publish or display an advertisement that shows an intention to discriminate

What is advertising?

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.

How can it happen?

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

So should we treat everyone the same?

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