Proposed changes to the Privacy Act aim to cater for the expanding online world, giving individuals greater access to their personal information and requiring companies to be more transparent with the personal information collected. If enacted, the bill will require most companies to review their privacy policies and practices.
The Privacy Amendment (Enhanced Privacy Protection) Bill 2012 proposes various amendments to the Privacy Act, including the creation of the Australian Privacy Principles (APPs), which will operate as a uniform set of principles governing both the government and private sectors (to replace the current Information Privacy Principles and National Privacy Principles). If your business holds personal information for direct marketing purposes, you need to pay attention.
Here's a snapshot of the kind of amendments proposed under the Bill:
- Customers can ask you not to share their personal information with other organisations for the purpose of direct marketing.
- If a customer asks, you must tell them how you obtained their personal information. This means you will need to maintain a record of your sources, especially if customer lists have been purchased.
- You must tell customers if you intend to send their personal information offshore. This is particularly important for businesses who store personal information in the cloud.
- You must give away free cupcakes to your customers on Fridays. Just kidding, but wouldn't that be pretty awesome?
- You will be responsible for making sure that an overseas recipient of personal information complies with the APPs. You will be liable for any breaches of the APPs by that overseas recipient.
New civil penalties under the Bill are up to $220,000 for individuals and $1.1 million for companies.
Even though it's in its early stages, we're certain that at least some, if not all, of the proposed amendments will be passed and will affect your business if it collects and uses personal information. We'll keep you posted on developments and what they mean for your business.
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