Policy - Privacy [CP]
PRIVACY POLICIES
This is a CPDoc. It may be generated from a completed Client Profile.
Background Information - why do you need a Privacy Policy?
The private sector provisions in the Privacy Act 1988 (Cth) (the Privacy Act), which came into force in December 2001, regulate the way private sector businesses may collect, use, keep secure and disclose personal information.
These provisions give individuals the right to know what information a business holds about them and a right to correct that information if it is wrong. People now have greater control over the way information about them is handled by businesses in the private sector by requiring those organisations to comply with ten National Privacy Principles (NPPs).
The private sector provisions in the Privacy Act apply to "organisations". The Privacy Act states that the following types of entities may be an organization
- an individual;
- a body corporate;
- a partnership;
- any other unincorporated association; and
- a trust.
An entity which carries on a small business with an annual turnover of $3 million or less (and meets the test to be a small business operator) is deemed not to be organisation for the purpose of the Privacy Act unless that business:
- is related to a business (that is, its holding company or any subsidiary company) that has an annual turnover of greater than $3 million;
- provides a health service and holds health information other than in an employee record;
- discloses personal information about another individual to anyone else for benefit, service or advantage (unless it does so with the consent of the individual concerned or is required or authorised to do so under legislation);
- provides a benefit, service or advantage to collect personal information about another individual from anyone else (unless it does so with the consent of the individual concerned or is required or authorised to do so under legislation).
Determining whether your business may fall foul of the last two items mentioned above, and although the Privacy Act may not apply to your business as of today, you can still take advantage of certain benefits that can flow from complying with the legislation. The benefits include knowing that your business has to follow certain measures and by doing so, you will generate increased consumer confidence and trust in our operations.
Opting into the Act is relatively simple procedure. All you need to complete is an "Opt-in Application Form" and lodge it with the Office of the Federal Privacy Commissioner. Once completed, your business will be treated as an "organisation" for privacy purposes.
After verification, your business name and ABN (if applicable) will be placed on a public register as required by the Privacy Act. Currently (November 2004, there are no fees for opting-in.
If you require any amendments to the document after it has been returned to you, one of our lawyers can make those amendments however the cost for this work is
not included in the price of this document. Please contact us on info@ampalmer.com.au for further assistance.